22-16055•ANTONIO D. CRAWFORD, AKA Asia v. TUBB, Unknown
22-16055Court of Appeals for the Ninth Circuit27 de jan. de 2023
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTONIO D. CRAWFORD, AKA Asia,
Plaintiff-Appellant,
v.
TUBB, Unknown; Assistant Warden, Federal
Correctional Complex, USA Penitentiary;
JAMES HAYDEN, Chief Psychologist,
Federal Correctional Complex, USA
Penitentiary; CATRICIA HOWARD,
Warden, Federal Correctional Complex,
USA Penitentiary; WAITE, Unknown; Dr.
Health Services at FCC-USP-Tucson; M.
MACK, E-Inmate Unit Management Staff at
the FCC-USP-Tucson; BHEULE, Unknown;
Captain of FCC-USP-Tucson,
Defendants-Appellees.
No. 22-16055
D.C. No. 4:21-cv-00498-JCH
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John Charles Hinderaker, District Judge, Presiding
Submitted January 18, 2023**
Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 27 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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2 22-16055
Antonio D. Crawford, aka Asia, appeals pro se from the district court’s order
denying her motion for a preliminary injunction in her 42 U.S.C. § 1983 action
alleging an Eighth Amendment violation. We have jurisdiction under 28 U.S.C.
§ 1292(a)(1). We dismiss the appeal as moot.
A review of the record demonstrates that on December 21, 2022, the district
court entered a judgment of dismissal without prejudice in response to plaintiff’s
voluntary dismissal of the action pursuant to Federal Rule of Civil Procedure
41(a)(1)(A). Consequently, this preliminary injunction appeal is dismissed as
moot. See SEC v. Mount Vernon Mem’l Park, 664 F.2d 1358, 1361 (9th Cir. 1982)
(district court’s entry of final judgment renders pending appeal from preliminary
injunction moot).
All pending motions are denied as moot.
DISMISSED.
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