Curtis v. Hobbs , 2015 Ark. 127 ( 2015 )


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  •                                        Cite as 
    2015 Ark. 127
    
                       SUPREME COURT OF ARKANSAS
                                             No.   CV-14-1098
    
    DEMETRIUS CURTIS                                    Opinion Delivered March   19, 2015
                                     APPELLANT
                                                        PRO SE PETITION FOR WRIT OF
    V.                                                  CERTIORARI AND MOTION TO FILE
                                                        A BELATED BRIEF
                                                        [CHICOT COUNTY CIRCUIT COURT,
    RAY HOBBS, DIRECTOR, ARKANSAS                       NO. 09CV-14-72]
    DEPARTMENT OF CORRECTION
                           APPELLEE                     HONORABLE ROBERT BYNUM
                                                        GIBSON, JUDGE
    
                                                        APPEAL DISMISSED; MOTION AND
                                                        PETITION MOOT.
    
    
                                              PER CURIAM
    
    
           On October 15, 2014, appellant Demetrius Curtis filed a pro se petition for writ of
    
    habeas corpus in the Chicot County Circuit Court where he was incarcerated. The circuit court
    
    denied the petition, and appellant lodged an appeal from the order in this court. Now before
    
    us are appellant’s petition for writ of certiorari and motion to file a belated brief.
    
           Because the public records of the Arkansas Department of Correction (ADC) reflect that
    
    appellant is no longer incarcerated, it is clear that he could not prevail on appeal were we to
    
    permit the appeal to proceed. A circuit court does not have jurisdiction to release on a writ of
    
    habeas corpus a prisoner not in custody. Branning v. Harmon, 
    2009 Ark. 533
     (per curiam).
    
    Accordingly, we find that the motion and petition are moot. Thus, we do not reach the merits
    
    of the motion and petition and dismiss the appeal.
    
           Appeal dismissed; motion and petition moot.
    

Document Info

DocketNumber: CV-14-1098

Citation Numbers: 2015 Ark. 127

Judges: Per Curiam

Filed Date: 3/19/2015

Precedential Status: Precedential

Modified Date: 3/19/2015