Jerry J. Kilpatrick v. Samuel H. Houston

Eleventh Circuit

Jerry J. Kilpatrick v. Samuel H. Houston

264 F.3d 1039, 2001 U.S. App. LEXIS 19418, 2001 WL 1001131

CourtCourt of Appeals for the Eleventh Circuit

DecidedAugust 31, 2001

Docket99-10862

StatusPublished

This text of 264 F.3d 1039 (Jerry J. Kilpatrick v. Samuel H. Houston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jerry J. Kilpatrick v. Samuel H. Houston, 264 F.3d 1039, 2001 U.S. App. LEXIS 19418, 2001 WL 1001131 (11th Cir. 2001).

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Opinion

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before BLACK, GODBOLD and FAY, Circuit Judges.

PER CURIAM:

Petitioner-Appellee has been released from custody. This appeal is therefore moot. Accordingly, this appeal is DISMISSED, and this case is REMANDED to the district court with instructions to dismiss the petition as moot. See Bekier v. Bekier, 248 F.3d 1051, 1055-56 (11th Cir.2001) (“‘Where a case becomes moot after the district court enters judgment but before the appellate court has issued a decision, the appellate court must dismiss the appeal, vacate the district court’s judgment, and remand with instructions to dismiss as moot.’”) (quoting United States v. Ghandtchi, 705 F.2d 1315, 1316 (11th Cir.1986)).

DISMISSED and REMANDED with instructions.

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ON REMAND FROM THE UNITED STATES SUPREME COURT

Before BLACK, GODBOLD and FAY, Circuit Judges.

PER CURIAM:

Petitioner-Appellee has been released from custody. This appeal is therefore moot. Accordingly, this appeal is DISMISSED, and this case is REMANDED to the district court with instructions to dismiss the petition as moot. See Bekier v. Bekier, 248 F.3d 1051, 1055-56 (11th Cir.2001) (“‘Where a case becomes moot after the district court enters judgment but before the appellate court has issued a decision, the appellate court must dismiss the appeal, vacate the district court’s judgment, and remand with instructions to dismiss as moot.’”) (quoting United States v. Ghandtchi, 705 F.2d 1315, 1316 (11th Cir.1986)).

DISMISSED and REMANDED with instructions.

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264 F.3d 1039, 2001 U.S. App. LEXIS 19418, 2001 WL 1001131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-j-kilpatrick-v-samuel-h-houston-ca11-2001.

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