Newman v. Sherman

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-40358
Conference Calendar
LLOYD E. BURRUSS,
Movant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:04-CV-275
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Lloyd E. Burruss, Texas prisoner # 864554, appeals the
denial of his motion to intervene in the 42 U.S.C. § 1983 suit
filed by fellow prisoner John Lee Newman. Newman’s suit was
subsequently dismissed, as was his appeal of the judgment of
dismissal. Because the lawsuit in which Burruss sought to
intervene is no longer pending, this appeal is moot. See Willy
v. Administrative Review Board, 423 F.3d 483, 494 n.50 (5th Cir.
2005). Accordingly, the appeal is DISMISSED.
*
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this opinion should not be published and is not precedent except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.