Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit

12-19-2008

Selby v. Paterson Precedential or Non-Precedential: Non-Precedential

Docket No. 07-4181

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Recommended Citation "Selby v. Paterson" (2008). 2008 Decisions. Paper 70. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/70

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-4181

CAPTAIN ANDREW SELBY, Appellant

v.

CITY OF PATERSON; CHIEF MICHAEL POSTERINO

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY (D.C. Civil No. 07-cv-04206) District Judge: The Honorable Dennis M. Cavanaugh

Submitted Under Third Circuit LAR 34.1(a) November 20, 2008

Before: BARRY, CHAGARES, Circuit Judges, and RESTANI,* Judge

(Opinion Filed: December 19, 2008)

OPINION

* Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation. BARRY, Circuit Judge

Captain Andrew Selby’s motion for a Temporary Restraining Order/Preliminary

Injunction to prevent defendants from proceeding with disciplinary action against him

was denied by order dated October 24, 2007 and entered on the docket the following day.

Notice of appeal from the denial was filed on October 29, 2007. By order dated October

30, 2007 and entered on the docket November 1, 2007, the District Court dismissed the

action as to all defendants without prejudice. No appeal was taken from the dismissal,

and the earlier appeal cannot be deemed premature within the meaning of Fed.R.App.P.

4(a)(2).

There being no action pending in the District Court, the appeal from the denial of

the Temporary Restraining Order/Preliminary Injunction will be dismissed as moot.

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