IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50159
Conference Calendar
BENNIE FINISTER,
Plaintiff-Appellant,
versus
THON WILEY NICHOLS et al.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CV-345
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February 21, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Bennie Finister, #649506, appeals from the district court’s
denial of his motion for a preliminary injunction. He requested
that he be transferred from the Hughes Unit of the Texas
Department of Criminal Justice (TDCJ) to another TDCJ unit.
Finister has informed this court that he has been transferred
from the Hughes Unit to the Michael Unit of TDCJ. Finister’s
appeal, therefore, is moot. The appeal is frivolous. See Howard
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-50159
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v. King, 715 F.2d 215, 219-20 (5th Cir. 1983). It is DISMISSED.
See 5th Cir. R. 42.2. Finister’s motion for the appointment of
counsel on appeal is DENIED as moot.
APPEAL DISMISSED; MOTION DENIED.