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Mitchell Wagner v. Gilbert Campuzano ( 2013 )


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  •      Case: 13-10610      Document: 00512457347         Page: 1    Date Filed: 12/02/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-10610                        December 2, 2013
Summary Calendar
Lyle W. Cayce
Clerk
MITCHELL WAGNER,
Plaintiff-Appellant
v.
GILBERT CAMPUZANO, Regional Director TDCJ, Region VI; EDWARD L.
WHEELER, Senior Warden; RICHARD G. LEAL, Assistant Warden,
Defendants-Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:12-CV-205
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Mitchell Wagner, Texas prisoner # 1543049, appeals the denial of his
motion for a temporary restraining order (TRO) and preliminary injunction in
a 42 U.S.C. § 1983 proceeding.
We lack jurisdiction to decide moot questions or issues that cannot affect
the rights of the parties to the appeal. McRae v. Hogan,
    576 F.2d 615
    , 617 (5th
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10610     Document: 00512457347       Page: 2   Date Filed: 12/02/2013
No. 13-10610
Cir. 1978). The denial of a TRO is not appealable in light of the likelihood of
mootness. In re Lieb,
    915 F.2d 180
    , 183 (5th Cir. 1990). The denial of a
preliminary injunction is appealable as an exception to the final-judgment
rule. 28 U.S.C. § 1292(a)(1); Lakedreams v. Taylor,
    932 F.2d 1103
    , 1107 (5th
Cir. 1991). However, during the pendency of Wagner’s appeal, the district
court entered a final judgment dismissing Wagner’s § 1983 complaint, which
contained a request for permanent injunctive relief.         The entry of a final
judgment regarding permanent injunctive relief renders any order regarding
preliminary injunctive relief moot. See Louisiana World Exposition, Inc. v.
Logue,
    746 F.2d 1033
    , 1038 (5th Cir. 1984). Accordingly, the instant appeal,
which challenges only the denial of preliminary injunctive relief, is dismissed
for lack of jurisdiction as moot.
APPEAL DISMISSED.
2