Gerik v. Dretke

Fifth Circuit

Gerik v. Dretke

172 F. App'x 584

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 27, 2006

Docket04-10762

StatusUnpublished

This text of 172 F. App'x 584 (Gerik v. Dretke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerik v. Dretke, 172 F. App'x 584 (5th Cir. 2006).

Pincite

Opinion

PER CURIAM: *

Paul Thomas Gerik, Texas prisoner # 905560, appeals the district court’s denial of his 28 U.S.C. § 2254 application challenging the Board of Pardons and Paroles’s denial of his release on mandatory supervision. The respondent has moved to dismiss Gerik’s appeal as moot and to supplement the record on appeal.

During the pendency of this appeal, Gerik was reclassified as being eligible for release on mandatory supervision and later released on mandatory supervision. As Gerik has received all of the relief he was seeking in his § 2254 application, his appeal is moot. See McRae v. Hogan, 576 F.2d 615, 616-17 (5th Cir.1978). Accordingly, the motion to supplement the record is granted, the motion to dismiss is granted, and this appeal is dismissed as moot.

MOTION TO SUPPLEMENT THE RECORD GRANTED; MOTION TO DISMISS GRANTED; APPEAL DISMISSED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM: *

Paul Thomas Gerik, Texas prisoner # 905560, appeals the district court’s denial of his 28 U.S.C. § 2254 application challenging the Board of Pardons and Paroles’s denial of his release on mandatory supervision. The respondent has moved to dismiss Gerik’s appeal as moot and to supplement the record on appeal.

During the pendency of this appeal, Gerik was reclassified as being eligible for release on mandatory supervision and later released on mandatory supervision. As Gerik has received all of the relief he was seeking in his § 2254 application, his appeal is moot. See McRae v. Hogan, 576 F.2d 615, 616-17 (5th Cir.1978). Accordingly, the motion to supplement the record is granted, the motion to dismiss is granted, and this appeal is dismissed as moot.

MOTION TO SUPPLEMENT THE RECORD GRANTED; MOTION TO DISMISS GRANTED; APPEAL DISMISSED AS MOOT.

*

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.

Cite This Page — Counsel Stack

Bluebook (online)

172 F. App'x 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerik-v-dretke-ca5-2006.

Opinion

Related

Cite This Page — Counsel Stack