Copenhaver v. Fed Home Loan Mtge

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50142, consolidated with No. 01-50143

Conference Calendar

WALTER A. COPENHAVER, Plaintiff,

versus FEDERAL HOME LOAN MORTGAGE CORPORATION, ETC.; ET AL.,

Defendants.

---------------------------------------------------------

WALTER A. COPENHAVER, Plaintiff-Appellant,

versus

FEDERAL HOME LOAN MORTGAGE CORPORATION, its successors and/or assigns; SOURCE ONE MORTGAGE SERVICES CORPORATION, its successors and/or assigns; BALCOM MANN & STEVENS PC; BEVERLY MITRISIN,

Defendants-Appellees.

--------------------

Appeals from the United States District Court for the Western District of Texas USDC Nos. EP-99-CV-300-H, EP-00-CV-307-P

--------------------

December 12, 2001

Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* Walter Copenhaver seeks to appeal an order requiring him to provide the defendants with a more definite statement and an

*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 01-50142,

c/w No. 01-50143

-2-

order transferring a case for consolidation. We consolidate the appeals sua sponte. See Fed. R. App. P. 3(b)(2). While Copenhaver was attempting to appeal these interlocutory orders, which the district court declined to certify under 28 U.S.C. § 1292(b), the defendants obtained summary judgment dismissing the consolidated cases on the merits. There has been no timely appeal of the dismissal. Any challenge to the interlocutory orders is moot. See Case v. St. Paul Fire & Marine Ins. Co., 456 F.2d 252, 252 (5th Cir. 1972).

The appeal is DISMISSED.

Copenhaver’s motion to transfer the appeal to the Federal Circuit is DENIED. All additional outstanding motions are denied as moot.