Case: 17-40334 Document: 00514449156 Page: 1 Date Filed: 04/27/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40334 FILED
Summary Calendar April 27, 2018
Lyle W. Cayce
Clerk
RICKY J. SHUGART,
Plaintiff-Appellant
v.
DONNIE FOSTER, Fannin County Sheriff’s Office; FANNIN COUNTY,
TEXAS; STEVE MCGRAW Director, Department of Public Safety; KEN
PAXTON, Texas Attorney General; DAVID THOMPSON, Fannin County
Sheriff’s Office; UNIDENTIFIED FANNIN COUNTY SHERIFF’S
EMPLOYEES,
Defendants-Appellees
Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 4:16-CV-73
Before STEWART, Chief Judge, and DENNIS and HAYNES, Circuit Judges.
PER CURIAM: *
Ricky J. Shugart, Texas prisoner # 1917471, appeals the dismissal of his
42 U.S.C. §§ 1983 and 1985 suit, contending only that the district court erred
by dismissing with, instead of without, prejudice his claim alleging a violation
of his rights under the Takings Clause.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-40334 Document: 00514449156 Page: 2 Date Filed: 04/27/2018
No. 17-40334
In the time since Shugart filed his appeal, the district court has issued
an amended judgment dismissing the takings claim without prejudice; as the
district court has already granted the only relief sought by Shugart, his appeal
is moot, and this court lacks jurisdiction over it. See United States v. Heredia-
Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).
DISMISSED AS MOOT.
2