Wade v. Wichita County, Texas

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 2, 2021
• Docket: 21-10283
• Status: Unpublished

Opinion

Case: 21-10283 Document: 00516114167 Page: 1 Date Filed: 12/02/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED December 2, 2021 No. 21-10283 Lyle W. Cayce Summary Calendar Clerk

Micky Dawn Wade,

Petitioner—Appellant,

versus

Wichita County, Texas,

Respondent—Appellee.

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:21-CV-1

Before Stewart, Haynes, and Ho, Circuit Judges. Per Curiam:* Micky Dawn Wade moves for leave to appeal in forma pauperis (IFP) from the district court’s dismissal of a 28 U.S.C. § 2241 petition seeking release from pretrial custody on grounds, among others, that his right to a speedy trial and his right to be free from excessive bail were violated. While

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-10283 Document: 00516114167 Page: 2 Date Filed: 12/02/2021

No. 21-10283

the IFP motion was pending, a jury convicted Wade on five counts of sexual assault of a minor and sentenced him to life in prison. The conviction and sentence rendered moot his claims about pretrial detention. See Yohey v. Collins, 985 F.2d 222, 228-29 (5th Cir. 1993); Fassler v. United States, 858 F.2d 1016, 1018 & n.3 (5th Cir. 1988). We therefore dismiss the appeal for lack of jurisdiction as moot. See United States v. Lares-Meraz, 452 F.3d 352, 354-55 (5th Cir. 2006). The IFP motion is denied as moot. APPEAL DISMISSED AS MOOT; IFP DENIED AS MOOT.