Corey McClendon v. Gary Long

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 30, 2021
• Docket: 19-14730
• Status: Unpublished

Opinion

USCA11 Case: 19-14730 Date Filed: 03/30/2021 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 19-14730 ________________________

D.C. Docket No. 5:19-cv-00385-MTT

COREY MCCLENDON, on behalf of themselves and a class of similarly situated persons, REGINALD HOLDEN, on behalf of themselves and a class of similarly situated persons, CHRISTOPHER REED, on behalf of themselves and a class of similarly situated persons,

Plaintiffs - Appellees,

versus

GARY LONG, in his official capacity and individually, JEANETTE RILEY, individually,

Defendants - Appellants,

JOHN AND/OR JANE DOES, 1-3, individually, Defendants. USCA11 Case: 19-14730 Date Filed: 03/30/2021 Page: 2 of 2

________________________

Appeal from the United States District Court for the Middle District of Georgia ________________________

(March 30, 2021)

Before ROSENBAUM, LAGOA, and ED CARNES, Circuit Judges.

PER CURIAM:

We previously issued an order holding this case in abeyance pending an

appeal from final judgment or the expiration of time for filing a notice of appeal.

An appeal from final judgment has been filed, see McClendon v. Long, No. 21-

10092 (docketed on Jan. 8, 2021), so we now dismiss this appeal of the preliminary

injunction as moot, see Burton v. Georgia, 953 F.2d 1266, 1272 n.9 (11th Cir.

1992) (“We stayed consideration of the State’s appeal until the district court

awarded final judgment. We now dismiss the State’s appeal to [sic] the preliminary

injunction because the district court’s denial of permanent relief rendered that

earlier ruling moot. Once a final judgment is rendered, the appeal is properly taken

from the final judgment, not the preliminary injunction.”).