Oliver v. Scott ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10365
Conference Calendar
NORMAN CHARLES OLIVER,
Plaintiff-Appellee,
versus
WAYNE SCOTT; ET AL,
Defendants,
WAYNE SCOTT; GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Defendants-Appellants,
and
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CV-2246-H
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October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
The Texas Department of Criminal Justice (TDCJ) has appealed
an interlocutory order issued by the district court prohibiting
*
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that this opinion should not be published and is not precedent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.
No. 00-10365
-2-
TDCJ officials from monitoring the telephone conversations of
Norman Charles Oliver, Texas prisoner # 576427, with his
attorneys concerning settlements negotiations with Corrections
Corporation of America (CCA), Management & Training Corporation
(MTC), and Warden Wilson until the final disposition of the
instant case. The district court dismissed Oliver’s claims
against Wayne Scott and Gary Johnson. Oliver has settled his
claims against MTC and Warden Wilson, and the district court has
entered a final judgment dismissing Oliver’s remaining claims
against CCA. Because a final judgment has been entered in the
instant case and the interlocutory order which is the subject of
this appeal is no longer in effect, the instant appeal does not
present a live controversy and is DISMISSED as moot. See Rocky
v. King, 900 F.2d 864, 867 (5th Cir. 1990).
APPEAL DISMISSED AS MOOT.