Huey Walters v. Rick Thaler, Dir., 370 F. App'x 490 (5th Cir. 2010). · Go Syfert
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Huey Walters v. Rick Thaler, Dir., 370 F. App'x 490 (5th Cir. 2010). Cases Citing This Book View Copy Cite
“the bankruptcy court's order cannot be separated from the merits of the action”
24 citation events (24 in the last 25 years) across 7 distinct courts.
Strongest positive: Pryor v. Rosenblatt (nyed, 2025-07-16)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (verbatim quote) Pryor v. Rosenblatt (2×) also: Cited as authority (rule)
E.D.N.Y · 2025 · quote attribution · 1 verbatim quote · confidence high
the bankruptcy court's order cannot be separated from the merits of the action
examined Cited as authority (rule) Trahant v. Official Committee (5×)
5th Cir. · 2026 · confidence medium
P. 8004(d) (2024))). 32 370 F. App’x 490 (5th Cir. 2010) (unpublished). 33 Id. at 491. 34 Id. at 492. 16 Case: 23-30466 Document: 111-1 Page: 17 Date Filed: 01/02/2026 No. 23-30466 court had not granted leave to allow an appeal of the interlocutory order. 35 We noted that “[n]othing in the record indicate[d]” that the district court chose to treat the notice of appeal as a motion for leave. 36 In other words, even though the district court considered the order to be final and appealable, it could not “impliedly grant” leave to appeal. 37 Trahant attempts to distinguish In re Holloway…
cited Cited as authority (rule) Stansbury v. Holloway (In Re Holloway)
5th Cir. · 2011 · confidence medium
In re Holloway, 370 Fed.Appx. at 493.
discussed Cited "see, e.g." Cluster Holdco LLC
S.D. Tex. · 2026 · signal: see also · confidence medium
“In the bankruptcy context, 4 however, the relevant ‘judicial unit’ for application of the finality rule is not the overall bankruptcy case, ‘but rather the particular adversary proceeding or discrete controversy pursued within the broader framework cast by the petition.’” In re Tri-Valley Distrib., Inc., 533 F.3d 1209 , 1213–14 (10th Cir. 2008) (per curiam) (quoting In re Durability, Inc., 893 F.2d 264, 266 (10th Cir. 1990)); see also In re Holloway, 370 F. App’x 490, 492 (5th Cir. 2010) (per curiam) (“Finality in bankruptcy cases is contingent upon the conclusion of an adve…
discussed Cited "see, e.g." First Security Bank & Trust Co. v. Vegt
N.D. Iowa · 2014 · signal: see also · confidence low
See In re M & S Grading, Inc., 526 F.3d 363, 368 (8th Cir.2008); see also In re Holloway, 370 Fed.Appx. 490 , 492 (5th Cir.2010); In re Comdisco, Inc., 538 F.3d 647, 650 (7th Cir.2008); In re Hooker Invs., Inc., 937 F.2d 833 , 836 (2d Cir.1991).
discussed Cited "see, e.g." Speer v. Chapter 7 Trustee Tow (In re Royce Homes LP)
Bankr. S.D. Tex. · 2012 · signal: see also · confidence low
United Life Assurance Co. (In re Tri-Valley Distrib., Inc.), 533 F.3d 1209, 1213-14 (10th Cir.2008) (per curiam) (internal quotation marks omitted); see also Stansbury v. Holloway (In re Holloway), 370 Fed.Appx. 490 , 492 (5th Cir. 2010) (per curiam) (“Finality in bankruptcy cases is contingent upon the conclusion of an adversarial proceeding within the bankruptcy case, rather than the conclusion of the entire litigation.” (quoting England v. FDIC (In re England), 975 F.2d 1168, 1172 (5th Cir.1992))).
Huey P. WALTERS, Petitioner-Appellant
v.
Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee
08-20599.
Court of Appeals for the Fifth Circuit.
Mar 16, 2010.
370 F. App'x 490
Huey P. Walters, Huntsville, TX, pro se., Jessica Michelle Hartsell, Office of the Attorney General, Postconviction Litigation Div., Austin, TX, for Respondent-Ap-pellee.
Garza, Clement, Owen.
Unpublished
PER CURIAM: *

Huey Walters, Texas prisoner # 501052, was convicted in 1987 of aggravated sexual assault and was sentenced to 60 years in prison. Walters appeals the district court’s denial of his 28 U.S.C. § 2254 petition, arguing that prison officials (1) had failed to award all of the good-time credits to which he was entitled upon his completion of an education program in December 2003 and (2) had failed to backdate the award of those credits to his sentence-begin date, in violation of the Fifth Amendment’s Due Process and Ex Post Facto Clauses and of the Fourteenth Amendment. We granted a certifícate of appealability on the first issue only. Walters v. Quarterman, No. 08-20599 (5th Cir. June 17, 2009) (unpublished).

During the pendency of this appeal, Walters was released from prison to mandatory supervision. As a result, Walters’s appeal has been rendered moot. See Spencer v. Kenwa, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir.1987). Accordingly, the APPEAL is DISMISSED as MOOT. Walters’s motion to expedite the appeal is DENIED.

*

Pursuant to 5th Cut. 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 Cut. R. 47.5.4.