Ravalli County Republican Central Committee v. McCulloch

655 F. App'x 592

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 22, 2016
• Docket: 15-35967
• Status: Unpublished

Opinion

ORDER

This is an appeal from the denial of a preliminary injunction. Plaintiffs’ motion sought the preliminary injunction to prohibit. certain action by State officials with respect to the then-approaching June 2016 primary election. Because we cannot grant effective relief with respect to an election that has already taken place, this action is moot. See Vegas Diamond Props, LLC v. FDIC, 669 F.3d 933, 936, (9th Cir. 2012) (“This action is moot because the activities sought to be enjoined have already occurred and can no longer be prevented.”).

Moreover, County Committee Plaintiffs-Appellants have voluntarily dismissed the underlying action with prejudice. The office of a preliminary injunction is, of course, to grant necessary injunctive relief pendente lite and its term of office expires once the litigation comes to an end. Here, the dismissal of the underlying action has obviated any need to consider preliminary injunctive relief. To the extent that appellants seek to raise other or broader issues, they have now noticed another pending appeal from the order dismissing the action, in No. 16-35375, where, presumably, such questions can be litigated.

Appeal DISMISSED. No costs.