Christopher Gaither v. Gregory David, et al, No. 16-11107 (5th Cir. 2017)

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Case: 16-11107 Document: 00514069681 Page: 1 Date Filed: 07/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-11107 Summary Calendar FILED July 12, 2017 Lyle W. Cayce Clerk CHRISTOPHER LEE GAITHER, Plaintiff-Appellant v. GREGORY S. DAVID, Assistant Warden; RAY D. CRUZ, Captain; GENE W. SMITH, Captain; DEANA R. DAVIS, Correctional Officer V; ANDREW M. GRATZ, Sergeant, Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 2:15-CV-104 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * Christopher Lee Gaither, Texas prisoner # 01821218, appeals the dismissal of his civil rights complaint against several prison officials under 42 U.S.C. § 1983. However, after Gaither filed his appellate brief in this court, the district court granted Gaither’s motion under Federal Rule of Civil Procedure 59(e) and reopened the case. Because the district court explicitly 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 16-11107 Document: 00514069681 Page: 2 Date Filed: 07/12/2017 No. 16-11107 vacated the judgment of dismissal from which Gaither appealed, this appeal does not present a live controversy and is moot. See Rocky v. King, 900 F.2d 864, 867 (5th Cir. 1990). Accordingly, the appeal is DISMISSED as MOOT, and Gaither’s motion for appointment of counsel is DENIED. 2

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