¶1 The appellants ask this court to overturn a discovery order by the magistrate judge, which was affirmed by the district court, and which allowed discovery to proceed in the underlying case while the appellants’ interlocutory appeal in Burrell v. Adkins, 94 Fed.Appx. 232, was pending. Vacating the challenged discovery order would allow a prior stay of discovery by the district court to remain in effect, pending a final decision by this court in No. 03-30487. The appellees have filed a motion to dismiss this appeal for lack of subject matter jurisdiction.
¶2 Because we have issued a final decision in Burrell v. Adkins, 94 Fed.Appx. 232 (5th Cir.2004), we DISMISS this appeal as MOOT. See City of Erie v. Pap’s AM., 529 U.S. 277, 287, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); United States Parole Comm’n v. Geraghty, 445 U.S. 388, 395-96, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980). The appellees’ motion to dismiss the appeal for lack of jurisdiction is, for this reason, GRANTED.
¶3 APPEAL DISMISSED; MOTION TO DISMISS GRANTED.