¶1 On limited remand from this court, the district court granted Mondric Bradley’s motion under Federal Rule of Civil Procedure 59(e) and reopened. Bradley’s 42 U.S.C. § 1983 action, which it had dismissed. Because the judgment of dismissal from which Bradley filed his notice of appeal is no longer in effect, the appeal does not present a live controversy and is moot.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 Bradley’s motion to proceed in forma pauperis is DENIED.
632 F. App'x 208
Mondric Bradley v. Christopher Epps
U.S. Courts of Appeals
Decided January 25, 2016
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U.S. Courts of Appeals · decided 2016-01-25
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Rocky v. King
Decided 2016-01-25