[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 99-10862 AUGUST 31, 2001
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 98-00282-3-CV-RH
JERRY J. KILPATRICK,
Petitioner-Appellee,
versus
SAMUEL H. HOUSTON,
Respondent-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(August 31, 2001)
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before BLACK, GODBOLD and FAY, Circuit Judges.
PER CURIAM:
Petitioner-Appellee has been released from custody. This appeal is therefore
moot. Accordingly, this appeal is DISMISSED, and this case is REMANDED to
the district court with instructions to dismiss the petition as moot. See Bekier v.
Bekier,
248 F.3d 1051, 1055-56 (11th Cir. 2001) (“‘Where a case becomes moot
after the district court enters judgment but before the appellate court has issued a
decision, the appellate court must dismiss the appeal, vacate the district court’s
judgment, and remand with instructions to dismiss as moot.’”) (quoting United
States v. Ghandtchi,
705 F.2d 1315, 1316 (11th Cir. 1986)).
DISMISSED and REMANDED with instructions.
2
