Case: 16-20328 Document: 00513930879 Page: 1 Date Filed: 03/29/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20328 FILED March 29, 2017 Lyle W. Cayce D. PATRICK SMITHERMAN, Clerk Plaintiff - Appellant v. BAYVIEW LOAN SERVICING, L.L.C., Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16-CV-798 Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* D. Patrick Smitherman, proceeding pro se, brought suit against Bayview Loan Servicing, LLC in Texas state court, alleging various state law claims regarding foreclosure proceedings related to Smitherman’s mortgage loan. Bayview removed to federal court under a diversity jurisdiction theory. The district court denied Smitherman’s motion to remand and then dismissed Smitherman’s claims with prejudice. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.  Case: 16-20328 Document: 00513930879 Page: 2 Date Filed: 03/29/2017 No. 16-20328 We ordered a limited remand to the district court to permit supplementation of the record and to make findings regarding Bayview’s citizenship. The district court then issued an order vacating its judgment and remanding the case to state court. Because the district court lacked the authority to do so, we construe it’s order to be an indicative ruling made pursuant to Federal Rule of Civil Procedure 62.1(a)(3). Accordingly, we REMAND this case to the district court and DISMISS the appeal as moot and relinquish jurisdiction pursuant to Federal Rule of Appellate Procedure 12.1(b). 2