TYE v. COUNTY OF ORANGE (2019)

United States Court of Appeals, Ninth Circuit.

Matthew TYE, Plaintiff-Appellant, v. COUNTY OF ORANGE; et al., Defendants-Appellees.

No. 18-56285

Decided: April 23, 2019

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

Matthew Tye, Pro Se Daniel Kevin Spradlin, Esquire, Attorney, Roberta A. Kraus, Woodruff, Spradlin & Smart, Costa Mesa, CA, for Defendants-Appellees County of Orange, Rodney S. Grantham, Jason Gomez Daniel Kevin Spradlin, Esquire, Attorney, Woodruff, Spradlin & Smart, Costa Mesa, CA, for Defendant-Appellee Orange County Probation Department

MEMORANDUM **

Matthew Tye appeals pro se from the district court's order denying his motion for a preliminary injunction in his 42 U.S.C. § 1983 action alleging constitutional claims arising from the imposition of certain parole conditions. We review de novo questions of our own jurisdiction. Hunt v. Imperial Merch. Servs., Inc., 560 F.3d 1137, 1140 (9th Cir. 2009). We dismiss the appeal for lack of jurisdiction.

Because Tye is no longer on parole or subject to the challenged conditions, we cannot grant the relief Tye requests and we dismiss the appeal as moot. See Am. Cas. Co. of Reading, Pa. v. Baker, 22 F.3d 880, 896 (9th Cir. 1994) (a case is moot when there is no longer a present controversy as to which effective relief can be granted).

Defendants’ motion for judicial notice (Docket Entry No. 15) is granted.

DISMISSED.

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