Wade v. Wichita County, Texas ( 2021 )

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opinion should not be published and is not precedent except under the limited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.
2