FILED
NOT FOR PUBLICATION DEC 4 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JERRI JOETTE TILLETT, No. 13-35139
Plaintiff - Appellant, D.C. No. 1:12-cv-00087-RFC
v.
MEMORANDUM*
BUREAU OF LAND MANAGEMENT,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Jerri Joette Tillett appeals pro se from the district court’s judgment
dismissing her action seeking to enjoin the Bureau of Land Management (“BLM”)
from moving wild horses from the Pryor Mountain Wild Horse Range. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for lack of
*
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).
subject matter jurisdiction, including questions of mootness. Sample v. Johnson,
771 F.2d 1335, 1338 (9th Cir. 1985). We affirm.
The district court properly dismissed Tillett’s action for injunctive relief as
moot because the BLM moved the horses during the pendency of this action, and,
thus, the district court could no longer provide any meaningful relief. See
Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1129 (9th Cir. 2005) (en banc)
(a claim is moot where “changes in the circumstances that prevailed at the
beginning of litigation have forestalled any occasion for meaningful relief”
(citation and internal quotation marks omitted)).
We reject as without merit Tillett’s contention that she was denied due
process by the district court or by the Interior Board of Land Appeals of the
Department of the Interior.
AFFIRMED.
2 13-35139