Summary
The Fifth Circuit dismissed as moot an appeal from the dismissal of Christopher Lee Gaither’s 42 U.S.C. § 1983 complaint against prison officials. The appeal became moot after the district court granted Gaither’s Rule 59(e) motion and vacated the judgment of dismissal; the court also denied his motion for appointment of counsel.
Topics
Practice areas
Questions Presented
- Whether the appeal remained a live controversy after the district court reopened the case and vacated the judgment of dismissal.
- Whether Gaither's motion for appointment of appellate counsel should be granted.
Holdings
- The appeal was moot because the district court explicitly vacated the judgment of dismissal and reopened the case.
- Gaither's motion for appointment of counsel was denied.
Key quotations
“Because the district court explicitly vacated the judgment of dismissal from which Gaither appealed, this appeal does not present a live controversy and is moot.” (at 2)
Factual background
Christopher Lee Gaither, a Texas prisoner, brought a civil-rights complaint under 42 U.S.C. § 1983 against several prison officials. The district court initially dismissed the complaint, but later reopened the case and vacated that dismissal after granting Gaither's Rule 59(e) motion.
Procedural history
Gaither appealed the district court's dismissal of his civil-rights complaint. After he filed his appellate brief, the district court granted his motion under Federal Rule of Civil Procedure 59(e), reopened the case, and explicitly vacated the judgment of dismissal. The Fifth Circuit dismissed the appeal as moot and denied his motion for appointment of counsel.