Crumpton v. Crain, et al, No. 05-51044 (5th Cir. 2007)

Annotate this Case

Download PDF

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 05-51044 Conference Calendar TRAVERS EARL CRUMPTON; ET AL., Plaintiffs, TRAVERS EARL CRUMPTON, Plaintiff-Appellant, versus CHRISTINA MELTON CRAIN, Chairperson of the Texas Board of Criminal Justice; all present and future members of the Texas Board of Criminal Justice; GARY L. JOHNSON, EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Defendants-Appellees. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CV-739 -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. PER CURIAM:* Travers Earl Crumpton, Texas inmate # 675506, appeals the district court s dismissal as moot of his 42 U.S.C. § 1983 complaint challenging conditions of confinement at the Texas Department of Criminal Justice (TDCJ) Segovia Unit and other TDCJ * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-51044 -2facilities. Crumpton argues that the district court should have certified the lawsuit as a class action. The denial of Crumpton s motion for certification as a class action was within the discretion of the district court. See Pederson v. Louisiana State University, 213 F.3d 858, 866 (5th Cir. 2000). As Crumpton is no longer incarcerated at the Segovia Unit or another allegedly inadequate TDCJ facility identified in his lawsuit, his claims are moot. See Oliver v. Scott, 276 F.3d 736, 741 (5th Cir. 2002); Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001). We do not address Crumpton s argument concerning monetary damages because Crumpton did not request monetary damages in the district court. See Greenberg v. Crossroads Sys., Inc., 364 F.3d 657, 669 (5th Cir. 2004). AFFIRMED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.