Depriest ex rel. C.B. v. Fisher
Depriest ex rel. C.B. v. Fisher
Opinion of the Court
Prisoners at the Walnut Grove Correctional Facility filed this lawsuit in November 2010, challenging what they referred to as the “barbaric, unconstitutional condi
It is well settled that mootness is a threshold jurisdictional inquiry. See Deakins v. Monaghan, 484 U.S. 193, 199, 108 S.Ct. 523, 98 L.Ed.2d 529 (1988) (“Article III of the Constitution limits federal courts to the adjudication of actual, ongoing controversies between litigants.”). In general, a claim becomes moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” Murphy v. Hunt, 455 U.S. 478, 481, 102 S.Ct. 1181, 71 L,Ed.2d 353 (1982) (per curiam). “If a dispute has been resolved, or if it has evanesced because of changed circumstances, it is considered moot,” Louisiana Envtl. Action Network v. U.S. E.P.A., 382 F.3d 575, 580-81 (5th Cir. 2004) (citing American Medical Assoc. v. Bowen, 857 F.2d 267 (5th Cir. 1988)). Here, the closure of Walnut Grove has rendered the consent decree inoperative, resolving the dispute over its continued enforcement and mooting Fisher’s appeal of the district court’s judgment. See id.; see also Oliver v. Scott, 276 F.3d 736, 741 (5th Cir. 2002).
Because the issue is moot, we DISMISS the appeal for lack of jurisdiction.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. Fisher urges us to vacate the district court’s judgment if we find that the appeal is moot. The Supreme Court has emphasized that va-catur is an “extraordinary” and equitable remedy. See U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 25-26, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994). The burden is on “the party seeking relief from the status quo” of the lower court judgment to demonstrate "equitable entitlement to the extraordinary remedy of vacatur.” See id. at 26, 115 S.Ct. 386. Fisher has not met this burden.
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