George Gadd v. Michele M. Leonhart

329 F. App'x 700

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 30, 2009
• Docket: 08-2717
• Status: Unpublished

Opinion

PER CURIAM.

George Gadd appeals the district court’s 1 order dismissing without prejudice, for lack of jurisdiction, his application for preliminary injunction. Before filing this appeal, Gadd filed a second application for preliminary injunction based on the same facts and seeking the same relief, which was denied on the merits. Accordingly, we agree with appellee that this appeal is moot because a ruling on the issue presented would have no practical consequence. See Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969) (case is moot when “the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome”); In re Smith, 921 F.2d 136, 139 (8th Cir.1990) (when appellate decision would have no practical consequence, appeal will be dismissed as moot). We therefore grant appellee’s motion and dismiss the appeal.

1 . The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas.