Justin Andre Lamoureux v. State of Florida

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11997
Non-Argument Calendar
____________________
JUSTIN ANDRE LAMOUREUX,
Plaintiff-Appellant,
versus
STATE OF FLORIDA,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 2:23-cv-14010-AMC
____________________
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2 Opinion of the Court 23-11997
Before N EWSOM, L AGOA, and A NDERSON , Circuit Judges.
PER CURIAM:
Justin Lamoureux, proceeding pro se, challenges two district
court’s orders: (1) an order remanding a pending civil action against
him brought by the State of Florida, which Lamoureux had re-
moved to federal court, back to Florida state court for lack of juris-
diction; and (2) order denying reconsideration of that remand or-
der. For the following reasons, we take judicial notice of the state
court’s order that dismissed the state court case against Lamoureux
following the district court’s remand, and we dismiss Lamoureux’s
appeal because it is now moot.
We will sua sponte consider whether we have jurisdiction
and review jurisdictional issues de novo. In re Walker, 515 F.3d 1204,
1210 (11th Cir. 2008).
A federal court has no authority to give opinions upon moot
questions or abstract propositions, or to declare principles or rules
of law that cannot affect the matter at issue in the case before it.
Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992). An
issue is moot when it no longer presents a live controversy with
respect to which the court can give meaningful relief. Christian
Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1189 (11th Cir.
2011). As a general principle, settlement between the parties in lit-
igation renders the case moot. Yunker v. Allianceone Receivables
Mgmt., 701 F.3d 369, 372 (11th Cir. 2012).
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23-11997 Opinion of the Court 3
Generally, we will not consider evidence from or the record
of another case if the district court did not consider it first. Young
v. City of Augusta ex rel. DeVaney, 59 F.3d 1160, 1168 (11th Cir. 1995).
However, we have the power to do so and review such requests
on a case-by-case basis, granting motions to supplement the record
where additional information would be dispositive or informative
and where the interests of justice and judicial economy would be
served. Id. Even if the parties did not move to supplement the
record, we may take judicial notice of a fact that is not subject to
reasonable dispute and can be accurately and readily determined
from a reliable source. Paez v. Sec’y, Fla. Dep’t of Corr., 947 F.3d 649,
651–52 (11th Cir. 2020). For example, state court records of an in-
mate’s postconviction proceedings generally satisfy this standard.
Id.
Federal Rule of Evidence 201 governs judicial notice of ad-
judicative facts and provides that a court may act sua sponte at any
stage of the proceeding to “judicially notice a fact that is not subject
to reasonable dispute because it . . . can be accurately and readily
determined from sources whose accuracy cannot reasonably be
questioned.” Fed. R. Evid. 201(b)(2), (c)(1), (d).
Here, we take judicial notice of the state court’s order dis-
missing the underlying action after it was remanded. See Young, 59
F.3d at 1168; Paez, 947 F.3d at 651–52; Fed. R. Evid. 201(b)(2), (c)(1),
(d). Because we may no longer offer Lamoureux meaningful relief,
his appeal is moot, and we lack jurisdiction to consider it. See
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4 Opinion of the Court 23-11997
Christian Coal. of Fla., 662 F.3d at 1189; Church of Scientology of Cal.,
506 U.S. at 12. Accordingly, we dismiss the appeal.1
DISMISSED.
1 Lamoureux’s “Objection to Venue, Motion to Change Venue” and his Mo-
tion for Initial Hearing En Banc are DENIED.
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