Greenough v. Gray ( 2023 )

Case: 22-40190 Document: 00516886598 Page: 1 Date Filed: 09/07/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
September 7, 2023
No. 22-40190 Lyle W. Cayce
Clerk
Randall T. Greenough,
Plaintiff—Appellant,
versus
Sharilla Gray,
Defendant—Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:21-CV-75
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
Randall T. Greenough, an inmate confined at the Polunsky Unit of the
Texas Department of Criminal Justice, Correctional Institutions Division,
appeals the district court’s denial of his motion for default judgment.
We previously remanded this case to the district court for the limited
purpose of clarifying whether a final judgment had issued. On August 29,
2023, the district court clarified that although it had previously entered final
*
This order is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40190 Document: 00516886598 Page: 2 Date Filed: 09/07/2023
No. 22-40190
judgment in Greenough’s case, it had since granted Greenough’s motion to
alter or amend judgment, which reinstated the case on the court’s active
docket. Accordingly, this court lacks jurisdiction over this appeal. See Adult
Film Ass’n of Am., Inc. v. Thetford, 776 F.2d 113, 115 (5th Cir. 1985) (holding
that orders denying default judgment are not subject to interlocutory appeal).
This case is DISMISSED for lack of jurisdiction. Further,
Greenough’s outstanding motion for rehearing en banc is DENIED as
moot, as the opinion on which Greenough seeks rehearing has already been
withdrawn.
2