Strahan v. O'Reilly, et al
| RICHARD MAXIMUS STRAHAN |
| SEAN O'REILLY, PATRICK COSTINDE, JOSEPH DIGREGORIO, JAMES DECKER, CHERI PATTERSON and PATRICK COSTIN |
| TRACY BIRMINGHAM and STEVEN LEE |
| 22-1699 |
| September 16, 2022 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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ORDER to Show Cause entered. Plaintiff-appellant has filed a notice of appeal in Civil Action No. 1:22-cv-00052-SM (D. N.H.) challenging the September 6, 2022 order (D.E. No. 70) terminating plaintiff's motions seeking injunctive relief (D.E. Nos. 44, 46 and 51). The denial of injunctive relief is generally appealable on an interlocutory basis. See 28 U.S.C. 1292(a)(1). However, the district court subsequently dismissed the underlying case. Under the circumstances, this appeal appears to be moot. See Capriole v. Uber Techs., Inc., 991 F.3d 339, 343 (1st Cir. 2021) ("[A]n appeal from the denial of a preliminary injunction motion becomes moot when final judgment issues because the district court's denial of the motion merges with the final judgment."); see also Harris v. Univ. of Mass. Lowell , 43 F.4th 187, 191 n.6 (1st Cir. 2022) (finding plaintiffs' complaints on appeal concerning denial of preliminary injunction to be moot given final judgment dismissing the case). Accordingly, plaintiff-appellant is ordered either to move for voluntary dismissal of this appeal pursuant to Fed. R. App. P. 42(b), or to show cause, in writing filed by November 14, 2022 , why this appeal should not be dismissed as moot. The failure to take either action will lead to dismissal of the appeal for lack of diligent prosecution. See 1st Cir. R. 3.0 (b). [22-1699] (ALW) [Entered: 10/31/2022 10:16 AM]
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| NOTICE of appearance on behalf of Appellee Joseph Digregorio filed by Attorney Marrielle B. Van Rossum, Esq.. Served on 09/21/2022. [22-1699] (MBV) [Entered: 09/21/2022 11:09 AM] |
| NOTICE of appearance on behalf of Appellee Joseph Digregorio filed by Attorney Donald L. Smith. Served on 09/19/2022. [22-1699] (DLS) [Entered: 09/19/2022 01:08 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #74 ) filed by Appellant Richard Maximus Strahan. [22-1699]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 09/16/2022 10:24 PM] |
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