Public-domain · open source
OpenJurist

224 F. App'x 444

Crumpton v. Crain

U.S. Courts of Appeals

Decided April 17, 2007

U.S. Courts of Appeals · decided 2007-04-17

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Norman Charles Oliver v. Wayne Scott, et al. · Beth Pederson · Greenberg v. Crossroads Systems, Inc.

Decided 2007-04-17

PER CURIAM: *

¶1 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 facilities. Crumpton argues that the district court should have certified the lawsuit as a class action.

¶2 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 *445 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).

¶3 AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/224/fappx/444 · .json · Public domain