Opinion
No. 09-40400.
February 5, 2010.
Luke W. Goodrich, Eric Christopher Rassbach, Becket Fund for Religious Liberty, Washington, DC, Anne Wylde Robinson, Michael J. Songer, Latham Watkins, Washington, DC, for Plaintiff-Appellant.
Adam Warren Aston, Office of the Attorney General, Austin, TX, Celamaine Cunniff, Assistant Attorney General, Office of the Attorney General, Law Enforcement Defense Div., Austin, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 3:07-CV-574.
The district court dismissed this case as moot. Since that time, the conditions and treatment about which this prisoner complained have substantially changed, and these changes affect the issues before us. Moreover, before we can address the merits of this appeal, there are matters to be brought before the district court that must be addressed by it. We therefore remand for additional proceedings to allow the par-ties and the district court to further develop the record. Once the work of the district court has been completed, any party may file a supplemental notice of appeal, which will be considered along with the notice of appeal herein. In any event, once the district court has ruled, the parties should advise the clerk of this court whether this appeal has or has not been mooted by the district court's action. Upon remand, however, this panel does not retain jurisdiction over this or subsequent appeals in this case.
REMANDED.