Captain Andrew Selby v. City of Paterson

Honorable Jane A. Restani, Chief Judge, United States Court of International Trade,*
sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-4181
CAPTAIN ANDREW SELBY,
Appellant
v.
CITY OF PATERSON; CHIEF MICHAEL POSTERINO
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
(D.C. Civil No. 07-cv-04206)
District Judge: The Honorable Dennis M. Cavanaugh
Submitted Under Third Circuit LAR 34.1(a)
November 20, 2008
Before: BARRY, CHAGARES, Circuit Judges, and RESTANI, Judge*
(Opinion Filed: December 19, 2008)
OPINION

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2
BARRY, Circuit Judge
Captain Andrew Selby’s motion for a Temporary Restraining Order/Preliminary
Injunction to prevent defendants from proceeding with disciplinary action against him
was denied by order dated October 24, 2007 and entered on the docket the following day.
Notice of appeal from the denial was filed on October 29, 2007. By order dated October
30, 2007 and entered on the docket November 1, 2007, the District Court dismissed the
action as to all defendants without prejudice. No appeal was taken from the dismissal,
and the earlier appeal cannot be deemed premature within the meaning of Fed.R.App.P.
4(a)(2).
There being no action pending in the District Court, the appeal from the denial of
the Temporary Restraining Order/Preliminary Injunction will be dismissed as moot.

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