United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 24, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50839
Summary Calendar
MICHAEL CORLEON DESOUZANETO,
Plaintiff-Appellant,
versus
MONTE CARROLL; EDUARDO ARROYOS; ANGEL SANTIAGO,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-03-CV-54
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Former Texas prisoner, Michael Desouzaneto, has appealed the
district court’s denial of his motion for appointment of counsel
in a civil rights case; however, we note that Desouzaneto has not
appealed the district court’s subsequent entry of summary
judgment in favor of the defendants. We have jurisdiction under
Article III of the Constitution only when there is an actual case
or controversy at the time we decide an appeal. United States
*
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that this opinion should not be published and is not precedent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. 03-50839
-2-
Parole Comm’n v. Geraghty, 445 U.S. 388, 396 (1980); Ruiz v.
Johnson, 178 F.3d 385, 389 (5th Cir. 1999). In this case, we
lack appellate jurisdiction because no effective relief is
available to Desouzaneto.** Vieux Carre Property Owners v.
Brown, 948 F.2d 1436, 1446 (5th Cir. 1991).
APPEAL DISMISSED.
**
We note that the coherency of Desouzaneto’s appellate
briefing and his pleadings in the district court reassure us that
his ability to present his civil rights claims was not foreclosed
by the district court’s denial of counsel. Robbins v. Maggio,
750 F.2d 405, 412-13 (5th Cir. 1985).