Theodore Antonio Ferguson v. Clerk of Superior Court for Wilkes County

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6698
THEODORE ANTONIO FERGUSON,
Petitioner - Appellant,
v.
CLERK OF SUPERIOR COURT FOR WILKES COUNTY; STATE OF N.C.;
WILKES COUNTY DISTRICT ATTORNEY,
Respondents - Appellees,
and
WILKES COUNTY,
Respondent.
Appeal from the United States District Court for the Western District of North Carolina, at
Statesville. Kenneth D. Bell, District Judge. (5:20-cv-00100-KDB)
Submitted: August 31, 2022 Decided: September 7, 2022
Before THACKER, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Theodore Antonio Ferguson, Appellant Pro Se. Jonathan Porter Babb, Sr., Special Deputy
Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellees.

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2
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Theodore Antonio Ferguson, a former North Carolina pretrial detainee, appeals the
district court’s order dismissing Ferguson’s 28 U.S.C. § 2241 petition, in which he
challenged his pretrial detention. At the time Ferguson noted his appeal, he was in federal
custody but awaiting trial in North Carolina state court on unrelated charges. Ferguson
was convicted in the state court proceedings during the pendency of this appeal. Because
Ferguson is no longer a state pretrial detainee, his appeal is now moot. See, e.g., Jackson
v. Clements, 796 F.3d 841, 843 (7th Cir. 2015) (per curiam). We therefore dismiss this
appeal as moot.* We dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
* If Ferguson wishes to raise his claims in federal court now that he has been
convicted, he must do so pursuant to 28 U.S.C. § 2254 after exhausting his state remedies.

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