Easter v. Waybourn

Full title: JORDAN EASTER, Petitioner, v. BILL WAYBOURN, Sheriff, Tarrant County…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

Date published: Mar 5, 2021

Civil Action No. 4:20-CV-1076-O (N.D. Tex. Mar. 5, 2021)

Opinion

Civil Action No. 4:20-CV-1076-O

03-05-2021

JORDAN EASTER, Petitioner, v. BILL WAYBOURN, Sheriff, Tarrant County, Texas, Respondent.

Reed O'Connor UNITED STATES DISTRICT JUDGE

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, Jordan Easter, a state prisoner confined in the Tarrant County jail, against Bill Waybourn, Sheriff of Tarrant County, Texas, Respondent. After considering the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be dismissed for mootness.

I. BACKGROUND

At the time this petition was filed, Petitioner was awaiting trial in Tarrant County, Texas, Case Nos. 1622539D and 1649308D, for stalking and burglary of a habitation. In this petition, Petitioner raises three grounds challenging his pretrial confinement. Am. Pet. 5-6, ECF No. 6. On March 4, 2021, the Tarrant County District Clerk's office provided certified documentation that, on February 9, 2021, Petitioner pleaded guilty in Case No. 1649308D and was sentenced to two years' imprisonment and Case No. 1622539D was dismissed on the state's motion.

II. DISCUSSION

A state pretrial detainee is entitled to raise constitutional claims in a federal habeas proceeding under § 2241 under certain circumstances. See 28 U.S.C. § 2241(c); Dickerson v. Louisiana, 816 F.2d 220, 224 (5th Cir. 1987). However, because Petitioner is no longer a pretrial detainee awaiting trial, the petition relating to his pretrial detention has been rendered moot. See Thorne v. Warden, Brooklyn House of Det. for Men, 479 F.2d 297, 299 (2d Cir. 1973) (providing "[s]ince [petitioner] is now held as a convicted defendant rather than merely on a criminal charge not yet brought to trial, the issue as to the legality of his continued pretrial detention has been mooted, and it therefore becomes unnecessary to resolve the constitutional issues presented"). See also Fassler v. United States, 858 F.2d 1016, 1018 (5th Cir. 1988) (recognizing that pretrial detainee's habeas-corpus application was rendered moot by his conviction).

III. CONCLUSION

For the reasons discussed, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED as moot. A certificate of appealability is DENIED.

SO ORDERED on this 5th day of March, 2021.

/s/ _________

Reed O'Connor

UNITED STATES DISTRICT JUDGE