FILED
NOT FOR PUBLICATION JUN 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GARY SOLOMON, No. 10-17663
Plaintiff - Appellant, D.C. No. 2:10-cv-00841-PMP-PAL
v.
MEMORANDUM *
BANK OF AMERICA HOME LOANS;
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN and TALLMAN, Circuit Judges.
Plaintiff-appellant Gary Solomon appeals the district court’s denial of his
request for preliminary injunctive relief against defendants-appellees. Our
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction is governed by 28 U.S.C. § 1292(a)(1). We dismiss the appeal as
moot.
The district court denied Solomon’s request for a preliminary injunction
seeking to stay foreclosure proceedings. After Solomon filed this appeal, the
district court issued a final judgment dismissing the underlying action against all
defendants. We determine questions of mootness in light of the present
circumstances. Mitchell v. Dupnik, 75 F.3d 517, 528 (9th Cir. 1996). Because the
facts and circumstances supporting the preliminary injunction application have
materially changed, we cannot grant the requested relief. Doe and Associates Law
Offices v. Napolitano, 252 F.3d 1026, 1029 (9th Cir. 2001) (holding that dismissal
of underlying action renders moot the district court’s denial of preliminary
injunctive relief). Accordingly, this appeal is moot.
DISMISSED.
2 10-17663