Tiner v. Jones

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-50083
Conference Calendar
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THOMAS TINER,
Plaintiff-Appellant,
versus
TOMMY JONES, Etc., ET AL.,
Defendants,
TOMMY JONES, Sheriff
of Crane County, Texas,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 94-CV-95
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June 28, 1995
Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Thomas Tiner appeals the district court's denial of his
request for injunctive relief against Crane County, Texas, Jail
(Jail) officials. Tiner is no longer an inmate at the Jail by
his own admission and, therefore, his request for injunctive
relief is moot. See Hooten v. Jenne, 786 F.2d 692, 697 n.6 (5th
Cir. 1986). "Simply stated, a case is moot when the issues
presented are no longer ``live' or the parties lack a legally
cognizable interest in the outcome." Powell v. McCormack, 395
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-50083
-2-
U.S. 486, 496 (1969). The "mere possibility of future
consequences is too speculative to give rise to a case or
controversy." Bailey v. Southerland, 821 F.2d 277, 279 (5th Cir.
1987).
Tiner's contention that he will be returned to the Jail at
some future date and the same allegedly unconstitutional
conditions will occur then is speculative. The case is moot.
Thus, IT IS ORDERED that his appeal is DISMISSED.
APPEAL DISMISSED.