Can a plaintiff on remand in a class action that has never been certified be considered moot because all named class representatives have been released from prison?

Napier v. Gertrude, 542 F.2d 825 (10th Cir. 1976): "In the absence of certification, even though the absence results from district court error, technically there is no live controversy on appeal. On remand the representative plaintiff (whose claim has been mooted) cannot meet the requirement that he . . . be a member of the class at the time of certification." 542 F.2d at 827.

Walker v. Hughes, 558 F.2d 1247 (6th Cir. 1977): "Even if all the named class representatives had been released from prison . . . the case is not moot because the class was certified." 558 F.2d at 1249 n. 2.