Randall Menges v. Austin Knudsen ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 1 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RANDALL MENGES, No. 21-35370
Plaintiff-Appellee, D.C. No. 9:20-cv-00178-DLC
v.
MEMORANDUM*
AUSTIN KNUDSEN, Attorney General for
the State of Montana; et al.,
Defendants-Appellants.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, District Judge, Presiding
Argued and Submitted May 11, 2022
Submission Vacated August 8, 2022
Resubmitted February 27, 2023
Portland, Oregon
Before: BERZON, TALLMAN, and CHRISTEN, Circuit Judges.
In light of Plaintiff Menges’ settlement agreement with the State of Idaho,
the Montana Attorney General requests that we dismiss this appeal as moot and
vacate the district court’s judgment. The Attorney General represents that because
Menges is no longer required to register in Idaho, Montana will no longer require
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
him to register pursuant to Mont. Code Ann. § 46-23-502(9)(b). We construe the
Montana Attorney General’s representation as legally binding and, on that basis,
dismiss the appeal as moot. We decline to vacate the district court’s opinion. See
U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18, 24–25, 29 (1994).
DISMISSED as moot. The parties shall each bear their own costs.
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