Hughes v. Acevedo

Case: 22-20534 Document: 00516789572 Page: 1 Date Filed: 06/16/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
June 16, 2023
No. 22-20534 Lyle W. Cayce
Summary Calendar Clerk
____________
Austin Thompson Hughes,
Plaintiff—Appellee,
versus
Art Acevedo; Michael Garcia; Joshua Few; James
Seymour,
Defendants—Appellants.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:21-CV-1994
______________________________
Before Clement, Southwick, and Engelhardt, Circuit Judges.
Per Curiam: *
This case involves claims of unlawful arrest and assertions of qualified
immunity. But the appellants here appealed not a written final judgment, but
rather oral statements made during a status hearing on a motion to dismiss.
Then, when the district court eventually memorialized those statements in
writing and declined to dismiss the case on qualified immunity grounds, the
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-20534 Document: 00516789572 Page: 2 Date Filed: 06/16/2023
No. 22-20534
appellants again appealed. That second appeal has been docketed separately,
rendering this first appeal moot. See FTC v. Nat’l Bus. Consultants, Inc., 376
F.3d 317, 318 n.1 (5th Cir. 2004).
Thus, this case is DISMISSED AS MOOT.
2