MCCLENDON v. John and/or Jane Does, 1-3, individually, Defendants. (2021)

United States Court of Appeals, Eleventh Circuit.

Corey MCCLENDON, on behalf of themselves and a class of similarly situated persons, Reginald Holden, on behalf of themselves and a class of similarly situated persons, Christopher Reed, on behalf of themselves and a class of similarly situated persons, Plaintiffs - Appellees, v. Gary LONG, in his official capacity and individually, Jeanette Riley, individually, Defendants - Appellants, John and/or Jane Does, 1-3, individually, Defendants.

No. 19-14730

Decided: March 30, 2021

Before ROSENBAUM, LAGOA, and ED CARNES, Circuit Judges.

Mark Allen Yurachek, Mark Allen Yurachek & Associates, LLC, Atlanta, GA, Mark Andrew Begnaud, Eshman Begnaud, LLC, Decatur, GA, for Plaintiffs-Appellees Jason C. Waymire, Terry Eugene Williams, Williams Morris & Waymire, LLC, Buford, GA, for Defendants-Appellants Janice Bellucci, Law Offices of Janice M. Bellucci, Sacramento, CA, for Amici Curiae Alliance for Constitutional Sex Laws, Inc, National Association for Rational Sex Offense Laws

We previously issued an order holding this case in abeyance pending an appeal from final judgment or the expiration of time for filing a notice of appeal. An appeal from final judgment has been filed, see McClendon v. Long, No. 21-10092 (docketed on Jan. 8, 2021), so we now dismiss this appeal of the preliminary injunction as moot, see Burton v. Georgia, 953 F.2d 1266, 1272 n.9 (11th Cir. 1992) (“We stayed consideration of the State's appeal until the district court awarded final judgment. We now dismiss the State's appeal to [sic] the preliminary injunction because the district court's denial of permanent relief rendered that earlier ruling moot. Once a final judgment is rendered, the appeal is properly taken from the final judgment, not the preliminary injunction.”).

PER CURIAM:

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