Civil Procedure — mootness

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — mootness

An appeal of a denial of a preliminary injunction, barring an eviction from public housing is moot, where the eviction has already taken place.

“The singular question before this Court concerns A.B.’s appeal of the July 8, 2011 district court order denying A.B.’s motion for a preliminary injunction to prevent the Housing Authority from pursuing the eviction in the Indiana state court. But due to its current procedural posture, we will not review the district court’s ruling on the merits. Since the Indiana state court has already entered a June 24, 2011 final order evicting A.B., this Court lacks jurisdiction for review; there no longer remains a live controversy. Thus, we cannot grant the relief that A.B. seeks and the appeal is dismissed for mootness.”

Dismissed.

11-2581 A.B. v. Housing Authority of South Bend

Appeal from the United States District Court for the Northern District of Indiana, Simon, J., Bauer, J.