Morris v. U.S.

Full title: Carol Johnene MORRIS, Petitioner-Appellant v. UNITED STATES of America…

Court: United States Court of Appeals, Fifth Circuit

Date published: Dec 13, 2007

258 F. App'x 696 (5th Cir. 2007)

Opinion

No. 05-51239, Summary Calendar.

December 13, 2007.

Carol Johnene Morris, Midland, TX, pro se.

G. Glenn Roque-Jackson, U.S. Attorney's Office, Western District of Texas, Midland, TX, for Respondent-Appellee.

Appeal from the United States District Court for the Western District of Texas, USDC No. 7:04-CV-139.

Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR R. 47.5.4.

Carol Johnene Morris, former federal prisoner # 76547-080, appeals the district court's dismissal of her 28 U.S.C. § 2241 petition. In that § 2241 petition, Morris argued that because her state and federal sentences should have run concurrently, she was entitled to a full credit against her federal sentence, and her supervised release term constituted an illegal extension of her sentence. Morris was released from Bureau of Prisons custody in July 2004 and completed her concurrent, three year terms of supervised release during the pendency of this appeal. As a result, Morris's claims have been rendered moot. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Therefore, this appeal is dismissed as moot.

Morris has filed several habeas applications challenging her federal and state convictions and sentences, as well as numerous civil rights suits pursuant to 42 U.S.C. § 1983. In 2000, Morris was barred from proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(g). In 2006, Morris was barred from filing any documents or pleadings in the Western District of Texas without prior written consent of a United States District Judge or Magistrate Judge. Morris is warned that future repetitive or frivolous filings in this court or any court subject to this court's jurisdiction will result in the imposition of sanctions, including dismissal, monetary sanctions, and further restrictions on her ability to file pleadings in this court and any court subject to this court's jurisdiction.

APPEAL DISMISSED AS MOOT; SANCTION WARNING ISSUED.