Betone v. Cheyenne River Sioux Tribal Council

Eighth Circuit

Betone v. Cheyenne River Sioux Tribal Council

104 F. App'x 604

Court of Appeals for the Eighth Circuit·Decided August 11, 2004·No. No. 03-3210·Published·Cited by 2 cases

Opinion

PER CURIAM.

lone Betone and others appeal the district court’s¹ order denying their motion for preliminary injunctive relief. We agree with the district court that absent a complaint, such a motion could not be entertained. See Fed.R.Civ.P. 3 (civil action is commenced on filing of complaint with court); Nat’l Credit Union Admin. Bd. v. Johnson, 133 F.3d 1097, 1103 n. 5 (8th Cir.1998) (limited purpose of preliminary injunction is to preserve relative positions of parties until trial on merits).

Accordingly, we affirm. See 8th Cir. R. 47B.

Footnotes

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PER CURIAM.

lone Betone and others appeal the district court’s¹ order denying their motion for preliminary injunctive relief. We agree with the district court that absent a complaint, such a motion could not be entertained. See Fed.R.Civ.P. 3 (civil action is commenced on filing of complaint with court); Nat’l Credit Union Admin. Bd. v. Johnson, 133 F.3d 1097, 1103 n. 5 (8th Cir.1998) (limited purpose of preliminary injunction is to preserve relative positions of parties until trial on merits).

Accordingly, we affirm. See 8th Cir. R. 47B.

Footnotes

Betone v. Cheyenne River Sioux Tribal Council, 104 F. App'x 604 (8th Cir. 2004).

Pincite

104 F. App'x 604 (Betone v. Cheyenne River Sioux Tribal Council) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Footnotes

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