Fulcher v. Greer

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 25, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60334
Summary Calendar
JONATHAN FULCHER,
Petitioner - Appellee-Cross-Appellant,
versus
LAWRENCE GREER,
Respondent - Appellant-Cross-Appellee.
--------------------
Appeals from the United States District Court
for the Southern District of Mississippi
USDC No. 4:03-CV-211-BN
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jonathan Fulcher, Mississippi prisoner No. 49574, requests a
certificate of appealability (“COA”) to file a cross-appeal of
Greer’s appeal from the district court’s interlocutory order
holding Fulcher’s 28 U.S.C. § 2254 petition in abeyance pending
his exhaustion of an unexhausted claim.
As the Mississippi Supreme Court has now denied Fulcher’s
application for permission to seek post-conviction relief with
regard to the unexhausted issue, both Fulcher’s appeal and

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No. 04-60334
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Greer’s appeal are now moot. See City of Erie v. Pap’s A.M., 529
U.S. 277, 287 (2000); United States Parole Comm’n v. Geraghty,
445 U.S. 388, 395-96 (1980).
Accordingly, we DENY AS MOOT Fulcher’s request for a COA and
DISMISS AS MOOT Greer’s appeal and the cross-appeal filed by
Fulcher.
COA DENIED AS MOOT; APPEALS DISMISSED AS MOOT.

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