Opinion
Civil Action No. 4:14-CV-077-O
04-25-2014
RUBEN VASQUEZ, Petitioner, v. DEE ANDERSON, Sheriff, Tarrant County, Texas, Respondent.
OPINION AND ORDER
Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Ruben Vasquez, a state prisoner who was confined in the Tarrant County j ail when this petition was filed, against Dee Anderson, Sheriff of Tarrant County, Texas, Respondent. The prior referral to the Magistrate Judge is withdrawn. After considering the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as moot.
I. BACKGROUND
Petitioner was serving a one-year sentence for his conviction for theft of property in the 371st District Court of Tarrant County, Texas. Resp't's Reply Ex. A, ECF No. 12. By this action, Petitioner seeks time credit toward his sentence for the periods of October 16, 2013 to October 18, 2013, and December 12, 2013, to December 18, 2013. Pet. 5-7, ECF No. 1. Telephonic communication with the Tarrant County Sheriff's Office on April 22, 2014, confirms that Petitioner was released from the Tarrant County jail on April 19, 2014, with time served. Petitioner has not notified the Court of his new address.
II. DISCUSSION
Petitioner's completion of his one-year sentence and release from custody has rendered his habeas petition moot. Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Because this Court can no longer provide him with the relief he seeks, dismissal of the petition is appropriate. McRae v. Hogan, 576 F.2d 615, 616-17 (5th Cir. 1978).
III. CONCLUSION
For the reasons discussed herein, the petition of petitioner for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED as moot. Further, pursuant to 28 U.S.C. § 2253(c), for the reasons discussed herein, a certificate of appealability is denied.
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Reed O'Connor
UNITED STATES DISTRICT JUDGE