Summary Calendar MICHAEL WAYNE HARKNESS v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional…

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-10444
Summary Calendar
MICHAEL WAYNE HARKNESS
Petitioner-Appellant
v.
NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CV-215
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Michael Wayne Harkness, former Texas prisoner # 1235550, pleaded
guilty to felony driving while intoxicated and was sentenced to four years of
imprisonment. Harkness now seeks a certificate of appealability (COA) to
appeal the district court’s denial of his 28 U.S.C. § 2254 petition challenging the
denial of mandatory supervision.
United States Court of Appeals
Fifth Circuit
F I L E D
November 20, 2007
Charles R. Fulbruge III
Clerk

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No. 07-10444
2
During the pendency of this appeal, Harkness was released from prison
to mandatory supervision. As a result, Harkness’s due process claim challenging
the denial of § 2254 petition has been rendered moot. See Spencer v. Kemna, 523
U.S. 1, 7 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987).
Accordingly, this appeal is dismissed as moot.
APPEAL DISMISSED; COA MOTION DENIED.

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