USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-2201



                        RICHARD BINGAMAN,



                      Plaintiff, Appellant,



                                v.



               MAINE DEPARTMENT OF HUMAN SERVICES,



                       Defendant, Appellee.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                    FOR THE DISTRICT OF MAINE



           [Hon. Morton A. Brody, U.S. District Judge]







                              Before



                     Boudin, Circuit Judge,

                Campbell, Senior Circuit Judge,

                   and Stahl, Circuit Judge.

                                

                                

                                

                                

                                

     Richard Bingaman on brief pro se.

     Andrew Ketterer, Attorney General, Andrew S. Hagler, Assistant

Attorney General, and Paul Stern, Deputy Attorney General, on brief

for appellee.











September 10, 1999







                                

  

            Per Curiam. Plaintiff-appellant Richard Bingaman

  appeals pro se from an order denying preliminary injunctive

  relief.  While this appeal was pending, the underlying case was

  dismissed.  Bingaman has not appealed from the dismissal. 

  Under the circumstances, the instant appeal is moot, and we

  dismiss the appeal for lack of jurisdiction.  See Caribbean

  Tubular Corp. v. Fernandez Torrecillas (In re Caribbean Tubular

  Corp.), 813 F.2d 533, 534 (1st Cir. 1987) (per curiam).

            Dismissed.