Copenhaver v. Fed Home Loan Mtge ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50142, consolidated
with No. 01-50143
Conference Calendar
WALTER A. COPENHAVER,
Plaintiff,
versus
FEDERAL HOME LOAN MORTGAGE CORPORATION, ETC.; ET AL.,
Defendants.
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WALTER A. COPENHAVER,
Plaintiff-Appellant,
versus
FEDERAL HOME LOAN MORTGAGE CORPORATION, its successors
and/or assigns; SOURCE ONE MORTGAGE SERVICES
CORPORATION, its successors and/or assigns; BALCOM MANN
& STEVENS PC; BEVERLY MITRISIN,
Defendants-Appellees.
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Appeals from the United States District Court
for the Western District of Texas
USDC Nos. EP-99-CV-300-H,
EP-00-CV-307-P
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Walter Copenhaver seeks to appeal an order requiring him to
provide the defendants with a more definite statement and an
*
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that this opinion should not be published and is not precedent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. 01-50142,
c/w No. 01-50143
-2-
order transferring a case for consolidation. We consolidate the
appeals sua sponte. See Fed. R. App. P. 3(b)(2). While
Copenhaver was attempting to appeal these interlocutory orders,
which the district court declined to certify under 28 U.S.C.
§ 1292(b), the defendants obtained summary judgment dismissing
the consolidated cases on the merits. There has been no timely
appeal of the dismissal. Any challenge to the interlocutory
orders is moot. See Case v. St. Paul Fire & Marine Ins. Co., 456
F.2d 252, 252 (5th Cir. 1972).
The appeal is DISMISSED.
Copenhaver’s motion to transfer the appeal to the Federal
Circuit is DENIED. All additional outstanding motions are denied
as moot.