Case: 23-40058 Document: 00516824326 Page: 1 Date Filed: 07/18/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED July 18, 2023 No. 23-40058 Lyle W. Cayce Summary Calendar Clerk ____________ Robert Ross, Plaintiff—Appellant, versus United States of America, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:21-CV-607 ______________________________ Before Dennis, Engelhardt, and Wilson, Circuit Judges.

Per Curiam: * Robert Ross appeals from the district court’s dismissal without prejudice of his Federal Tort Claims Act complaint. However, the district court construed his post-judgment motion as a timely motion to alter or amend judgment under Federal Rule of Civil Procedure 59(e), granted that construed motion, and reinstated his complaint. Because the judgment of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40058 Document: 00516824326 Page: 2 Date Filed: 07/18/2023

No. 23-40058

dismissal from which Ross filed his construed notice of appeal is no longer in effect, the appeal does not present a live controversy and is moot. See United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).

Accordingly, the appeal is DISMISSED as MOOT.