Ernesto Zaragosa-Solis v. M. GUTIERREZ, Warden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERNESTO ZARAGOSA-SOLIS,
Plaintiff-Appellant,
v.
M. GUTIERREZ, Warden; CHRISTENSEN,
Lt.; FEDERAL BUREAU OF PRISONS; C.
NEWLAND, physician assistant; K.
MORAN, SIS Technician,
Defendants-Appellees.
No. 23-15306
D.C. No. 4:22-cv-00562-JCH
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John Charles Hinderaker, District Judge, Presiding
Submitted August 15, 2023**
Before: TASHIMA, S.R. THOMAS, and FORREST, Circuit Judges.
Federal prisoner Ernesto Zaragosa-Solis appeals pro se from the district
court’s order denying his motions for a preliminary injunction in his action
alleging various federal claims. We have jurisdiction under 28 U.S.C.
* 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).
FILED
AUG 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-15306
§ 1292(a)(1). We review de novo questions of our own jurisdiction, Hunt v.
Imperial Merchant Servs., Inc., 560 F.3d 1137, 1140 (9th Cir. 2009), and we
dismiss this appeal as moot.
Zaragosa-Solis’s appeal is moot because, during the pendency of this appeal,
Zaragosa-Solis amended the complaint that formed the basis of the appeal. See
Falck N. Cal. Corp. v. Scott Griffith Collaborative Sols., LLC, 25 F.4th 763, 765-
66 (9th Cir. 2022) (holding that the amendment of a complaint on which an
interlocutory appeal is based moots the appeal, even if the amended complaint is
“substantively the same,” because the prior complaint becomes “a legal nullity”);
Akina v. Hawaii, 835 F.3d 1003, 1010 (9th Cir. 2016) (“An interlocutory appeal of
the denial of a preliminary injunction is moot when a court can no longer grant any
effective relief sought in the injunction request.”); ACF Indus. Inc. v. Cal. State Bd.
of Equalization, 42 F.3d 1286, 1292 (9th Cir. 1994) (dismissing as moot certain
claims on appeal from the denial of a preliminary injunction because the claims
were dismissed before the district court while the appeal was pending).
In light of our disposition, we do not consider Zaragosa-Solis’s contentions
regarding the merits of the appeal.
All pending motions are denied as moot.
DISMISSED.

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