Ervin Brown, Jr. v. Rick Thaler, Director

Case: 10-10514 Document: 00511297164 Page: 1 Date Filed: 11/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-10514 Summary Calendar November 17, 2010 Lyle W. Cayce Clerk ERVIN STERLING BROWN, JR., Petitioner­Appellant, v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent­Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 7:10-CV-22 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Ervin Sterling Brown, Jr., formerly Texas prisoner # 559314, moves for a certificate of appealability (COA) to appeal from the order of the district court denying his application for habeas corpus relief pursuant to 28 U.S.C. § 2254. Brown challenges a May 7, 2009, prison disciplinary hearing at which he was found guilty of extorting property from another prisoner. Brown also moves for appointment of counsel; that motion is denied. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. * Case: 10-10514 Document: 00511297164 Page: 2 Date Filed: 11/17/2010 No. 10-10514 Brown was released from prison after the district court denied his habeas application. He had served his 20-year sentence at the time of his release. His case no longer presents a case or controversy, and we lack jurisdiction to consider his appeal. See Spencer v. Kemna, 523 U.S. 1, 7 (1998). APPEAL DISMISSED. COA DENIED. MOTION FOR APPOINTMENT OF COUNSEL DENIED. 2