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  • Bingaman v. Human Services, 1st Cir. (1999)

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    Richard Bingaman filed a lawsuit against the Maine Department of Human Services and appealed the denial of a preliminary injunction. While the appeal was pending, the underlying case was dismissed by the district court. Because Bingaman did not appeal the dismissal of the underlying case, the appellate court found that the appeal of the denial of the preliminary injunction was now moot. The court therefore dismissed the appeal for lack of jurisdiction.

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    Filed: 1999-09-10 Precedential Status: Precedential Docket: 98-2201

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    Richard Bingaman filed a lawsuit against the Maine Department of Human Services and appealed the denial of a preliminary injunction. While the appeal was pending, the underlying case was dismissed by the district court. Because Bingaman did not appeal the dismissal of the underlying case, the appellate court found that the appeal of the denial of the preliminary injunction was now moot. The court therefore dismissed the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
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    4 views3 pages

    Bingaman v. Human Services, 1st Cir. (1999)

    Uploaded by

    Scribd Government Docs
    Richard Bingaman filed a lawsuit against the Maine Department of Human Services and appealed the denial of a preliminary injunction. While the appeal was pending, the underlying case was dismissed by the district court. Because Bingaman did not appeal the dismissal of the underlying case, the appellate court found that the appeal of the denial of the preliminary injunction was now moot. The court therefore dismissed the appeal for lack of jurisdiction.

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    USCA1 Opinion

    [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]


    United States Court of Appeals
    For the First Circuit

    No. 98-2201

    RICHARD BINGAMAN,

    Plaintiff, Appellant,

    v.

    MAINE DEPARTMENT OF HUMAN SERVICES,

    Defendant, Appellee.

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF MAINE

    [Hon. Morton A. Brody, U.S. District Judge]

    Before

    Boudin, Circuit Judge,


    Campbell, Senior Circuit Judge,
    and Stahl, Circuit Judge.

    Richard Bingaman on brief pro se.


    Andrew Ketterer, Attorney General, Andrew S. Hagler, Assistant
    Attorney General, and Paul Stern, Deputy Attorney General, on brief
    for appellee.

    September 10, 1999

    Per Curiam. Plaintiff-appellant Richard Bingaman


    appeals pro se from an order denying preliminary injunctive
    relief.

    While this appeal was pending, the underlying case was

    dismissed.

    Bingaman has not appealed from the dismissal.

    Under the circumstances, the instant appeal is moot, and we


    dismiss the appeal for lack of jurisdiction.

    See Caribbean

    Tubular Corp. v. Fernandez Torrecillas (In re Caribbean Tubular


    Corp.), 813 F.2d 533, 534 (1st Cir. 1987) (per curiam).
    Dismissed.

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