Ross v. United States

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 18, 2023
• Docket: 23-40058
• Status: Unpublished

Opinion

Case: 23-40058 Document: 00516824326 Page: 1 Date Filed: 07/18/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED July 18, 2023 No. 23-40058 Lyle W. Cayce Summary Calendar Clerk ____________

Robert Ross,

Plaintiff—Appellant,

versus

United States of America,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:21-CV-607 ______________________________

Before Dennis, Engelhardt, and Wilson, Circuit Judges. Per Curiam: * Robert Ross appeals from the district court’s dismissal without prejudice of his Federal Tort Claims Act complaint. However, the district court construed his post-judgment motion as a timely motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e), granted that construed motion, and reinstated his complaint. Because the judgment of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40058 Document: 00516824326 Page: 2 Date Filed: 07/18/2023

No. 23-40058

dismissal from which Ross filed his construed notice of appeal is no longer in effect, the appeal does not present a live controversy and is moot. See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). Accordingly, the appeal is DISMISSED as MOOT.