Filed: Oct. 19, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20998 Conference Calendar MICHAEL JOE SUTTON, Petitioner-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-3128 - - - - - - - - - - October 18, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Michael Joe Sutton,
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20998 Conference Calendar MICHAEL JOE SUTTON, Petitioner-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-3128 - - - - - - - - - - October 18, 2000 Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Michael Joe Sutton, T..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20998
Conference Calendar
MICHAEL JOE SUTTON,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-3128
- - - - - - - - - -
October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michael Joe Sutton, Texas prisoner # 459428, appeals the
district court’s denial of his 28 U.S.C. § 2254 application. A
certificate of appealability (COA) was previously granted. The
respondent has filed a motion to dismiss the appeal as moot and a
motion to supplement the record with a copy of Sutton’s
certificate of mandatory supervision showing that Sutton was
released to mandatory supervision on August 9, 2000. The
respondent’s arguments are meritorious. Sutton has not shown an
*
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that this opinion should not be published and is not precedent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.
No. 99-20998
-2-
injury-in-fact, and his habeas claims are moot due to his release
to mandatory supervision. Spencer v. Kemna,
523 U.S. 1, 7
(1998); see Ex parte Hallmark,
883 S.W.2d 672, 674 (Tex. Crim.
App. 1994) (good-time credits apply only to an inmate’s
eligibility for parole or mandatory supervision and do not affect
the length of the inmate’s sentence). Further, revocation of
Sutton’s mandatory supervision would not result in the
restoration of his good-time credits. See Hallmark v. Johnson,
118 F.3d 1073, 1075-76 (5th Cir. 1997). The respondent’s motions
are GRANTED, and this APPEAL IS DISMISSED AS MOOT.