Christopher Gaither v. Gregory David ( 2017 )

Case: 16-11107 Document: 00514069681 Page: 1 Date Filed: 07/12/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-11107 FILED
Summary Calendar July 12, 2017
Lyle W. Cayce
Clerk
CHRISTOPHER LEE GAITHER,
Plaintiff-Appellant
v.
GREGORY S. DAVID, Assistant Warden; RAY D. CRUZ, Captain; GENE W.
SMITH, Captain; DEANA R. DAVIS, Correctional Officer V; ANDREW M.
GRATZ, Sergeant,
Defendants-Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:15-CV-104
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Christopher Lee Gaither, Texas prisoner # 01821218, appeals the
dismissal of his civil rights complaint against several prison officials under 42
U.S.C. § 1983. However, after Gaither filed his appellate brief in this court,
the district court granted Gaither’s motion under Federal Rule of Civil
Procedure 59(e) and reopened the case. Because the district court explicitly
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11107 Document: 00514069681 Page: 2 Date Filed: 07/12/2017
No. 16-11107
vacated the judgment of dismissal from which Gaither appealed, this appeal
does not present a live controversy and is moot. See Rocky v. King, 900 F.2d
864, 867 (5th Cir. 1990). Accordingly, the appeal is DISMISSED as MOOT,
and Gaither’s motion for appointment of counsel is DENIED.
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