Pat Terry v. James LeBlanc, et al
UNPUBLISHED OPINION FILED. [11-30864 Dismissed For Lack of Jurisdiction] Judge: JLD , Judge: EBC , Judge: PRO Mandate pull date is 07/27/2012 [11-30864]
Date Filed: 07/06/2012
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
July 6, 2012
Lyle W. Cayce
JAMES LEBLANC; LYNN COOPER; JOHN DOE VAJNAR; ROBERT
HENDERSON; JOE RUEBUSH; JOHN CRAWFORD,
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:11-CV-112
Before DENNIS, CLEMENT, and OWEN, Circuit Judges.
Pat Terry, Louisiana prisoner # 550371, sued under 42 U.S.C. § 1983,
alleging that prison officials were deliberately indifferent to his medical needs.
In this interlocutory appeal, Terry challenges the district court’s denial of his
motion for a preliminary injunction. Additionally, the instant appeal challenges
the district court’s denial of Terry’s motion to compel discovery.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 07/06/2012
Interlocutory orders denying preliminary injunctions are immediately
appealable as an exception to the final judgment rule. 28 U.S.C. § 1292(a)(1);
Lakedreams v. Taylor, 932 F.2d 1103, 1107 (5th Cir. 1991). However, we lack
jurisdiction to decide moot questions or issues that cannot affect the rights of the
parties to the appeal. McRae v. Hogan, 576 F.2d 615, 617 (5th Cir. 1978). While
this appeal was pending, the district court entered a final judgment dismissing
Terry’s suit, which included a request for permanent injunctive relief. The entry
of a final judgment regarding permanent injunctive relief moots any order
regarding temporary injunctive relief. See Louisiana World Exposition, Inc. v.
Logue, 746 F.2d 1033, 1038 (5th Cir. 1984).
With regard to the order denying Terry’s discovery motion, Terry points
to no authority vesting us with jurisdiction to grant him relief in this appeal.
The district court’s denial was entered before final judgment was entered, and
we are without jurisdiction to review such an order in an interlocutory appeal.
See § 1292(a)(1); Texaco Inc. v. Louisiana Land & Exploration Co., 995 F.2d 43,
44 (5th Cir. 1993).
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