United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 17, 2004
Charles R. Fulbruge III
Clerk
No. 03-31045
Conference Calendar
ALBERT RONNIE BURRELL; MICHAEL RAY GRAHAM, JR.,
Plaintiffs-Appellees,
versus
TOMMY ADKINS; ET AL.,
Defendants,
TOMMY ADKINS; DAN J. GRADY III; ROBERT LEVY,
Defendants-Appellants.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CV-2679
--------------------
Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
The appellants ask this court to overturn a discovery order
by the magistrate judge, which was affirmed by the district
court, and which allowed discovery to proceed in the underlying
case while the appellants’ interlocutory appeal in Burrell v.
Adkins, No. 03-30487, was pending. Vacating the challenged
discovery order would allow a prior stay of discovery by the
*
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this opinion should not be published and is not precedent except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. 03-31045
-2-
district court to remain in effect, pending a final decision by
this court in No. 03-30487. The appellees have filed a motion to
dismiss this appeal for lack of subject matter jurisdiction.
Because we have issued a final decision in Burrell v.
Adkins, No. 03-30487 (5th Cir. April 15, 2004), we DISMISS this
appeal as MOOT. See City of Erie v. Pap’s A.M., 529 U.S. 277,
287 (2000); United States Parole Comm’n v. Geraghty, 445 U.S.
388, 395-96 (1980). The appellees’ motion to dismiss the appeal
for lack of jurisdiction is, for this reason, GRANTED.
APPEAL DISMISSED; MOTION TO DISMISS GRANTED.