December 13, 2013
BOBBY EARL WILSON, JR., Plaintiff,
CHRISTOPHER B. EPPS, ET AL., Defendants.
DAVID BRAMLETTE, District Judge.
This cause is before the Court on the plaintiff Bobby Earl Wilson, Jr.'s motion for records and transcript (docket entry 112). Having carefully considered the motion and the record in this case, the Court finds as follows:
The plaintiff filed his petition for writ of habeas corpus on August 30, 2007, pursuant to 28 U.S.C. § 2254. On July 26, 2010, the plaintiff's action was dismissed with prejudice in a final judgment. Wilson appealed from the final judgment, and the Fifth Circuit denied him a certificate of appealability on April 4, 2011. The plaintiff now seeks a copy of the transcript from the Circuit Court of Warren County Mississippi, the court of the underlying conviction, as well as copies of his § 2254 petition and all court opinions and orders, so that he may file a successive petition with the Fifth Circuit. On August 27, 2013, the Fifth Circuit denied the plaintiff authorization to file a successive habeas corpus petition. The present motion is therefore moot.
IT IS HEREBY ORDERED that the plaintiff Bobby Earl Wilson, Jr.'s motion for records and transcript (docket entry 112) is DENIED AS MOOT.