Frischenmeyer v. Quarterman

* 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this opinion should not be published and is not precedent except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
June 21, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10621
Conference Calendar
MICHAEL J. FRISCHENMEYER,
Petitioner-Appellant,
versus
NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:05-CV-91
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Michael J. Frischenmeyer, Texas prisoner # 698940, moves for
a certificate of appealability (COA) to appeal the denial of his
28 U.S.C. § 2254 petition. In that petition, Frischenmeyer
challenged the Texas Parole Board’s refusal to grant him release
on parole. Frischenmeyer was released on mandatory supervision
on May 9, 2006. Frischenmeyer’s claims have been rendered moot
by his release. See Bailey v. Southerland, 821 F.2d 277, 278-79
(5th Cir. 1987). Therefore, IT IS ORDERED that this appeal is

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No. 05-10621
-2-
DISMISSED AS MOOT. COA is DENIED AS MOOT.

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