Perry Barnes v. City of Omaha

1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-2717
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George Gadd, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Michele M. Leonhart, Acting *
Administrator, Drug Enforcement * [UNPUBLISHED]
Administration, *
*
Appellee. *
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Submitted: July 2, 2009
Filed: July 30, 2009
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Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
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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

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would have no practical consequence. See Powell v. McCormack, 395 U.S. 486, 496
(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.
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