U.S. Court of Appeals for the Eighth Circuit, 2004

Betone v. Cheyenne River Sioux Tribal Council

Betone v. Cheyenne River Sioux Tribal Council
U.S. Court of Appeals for the Eighth Circuit · Decided August 11, 2004 · Colloton, Lay, Melloy
104 F. App'x 604

Betone v. Cheyenne River Sioux Tribal Council

Opinion of the Court

PER CURIAM.

lone Betone and others appeal the district court’s1 order denying their motion for preliminary injunctive relief. We agree with the district court that absent a complaint, such a motion could not be entertained. See Fed.R.Civ.P. 3 (civil action is commenced on filing of complaint with court); Nat’l Credit Union Admin. Bd. v. Johnson, 133 F.3d 1097, 1103 n. 5 (8th Cir. 1998) (limited purpose of preliminary injunction is to preserve relative positions of parties until trial on merits).

Accordingly, we affirm. See 8th Cir. R. 47B.

. The Honorable Richard H. Battey, United States District Judge for the District of South Dakota.

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