Matthew Tye v. County of Orange ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MATTHEW TYE, No. 18-56285
Plaintiff-Appellant, D.C. No. 8:18-cv-00544-DOC-FFM
v.
MEMORANDUM*
COUNTY OF ORANGE; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Matthew Tye appeals pro se from the district court’s order denying his
motion for a preliminary injunction in his 42 U.S.C. § 1983 action alleging
constitutional claims arising from the imposition of certain parole conditions. We
review de novo questions of our own jurisdiction. Hunt v. Imperial Merch. Servs.,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Inc., 560 F.3d 1137, 1140 (9th Cir. 2009). We dismiss the appeal for lack of
jurisdiction.
Because Tye is no longer on parole or subject to the challenged conditions,
we cannot grant the relief Tye requests and we dismiss the appeal as moot. See
Am. Cas. Co. of Reading, Pa. v. Baker, 22 F.3d 880, 896 (9th Cir. 1994) (a case is
moot when there is no longer a present controversy as to which effective relief can
be granted).
Defendants’ motion for judicial notice (Docket Entry No. 15) is granted.
DISMISSED.
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