Ross v. United States ( 2023 )

Case: 23-40058 Document: 00516824326 Page: 1 Date Filed: 07/18/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
July 18, 2023
No. 23-40058 Lyle W. Cayce
Summary Calendar Clerk
____________
Robert Ross,
Plaintiff—Appellant,
versus
United States of America,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:21-CV-607
______________________________
Before Dennis, Engelhardt, and Wilson, Circuit Judges.
Per Curiam: *
Robert Ross appeals from the district court’s dismissal without
prejudice of his Federal Tort Claims Act complaint. However, the district
court construed his post-judgment motion as a timely motion to alter or
amend judgment under Federal Rule of Civil Procedure 59(e), granted that
construed motion, and reinstated his complaint. Because the judgment of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-40058 Document: 00516824326 Page: 2 Date Filed: 07/18/2023
No. 23-40058
dismissal from which Ross filed his construed notice of appeal is no longer in
effect, the appeal does not present a live controversy and is moot. See United
States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).
Accordingly, the appeal is DISMISSED as MOOT.
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