FILED NOT FOR PUBLICATION NOV 16 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

G. M., a minor, by and through his No. 11-15085 Guardian ad litem, Kevin R. Marchese, an individual, and Lyndi Marchese, an D.C. No. 2:10-cv-00944-GEB- individual; et al., GGH

Plaintiffs - Appellants, ORDER * v.

DRY CREEK JOINT ELEMENTARY SCHOOL DISTRICT; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding

Submitted November 14, 2011 ** San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: NOONAN and BEA, Circuit Judges, and WALTER, Senior District Judge.***

This case is DISMISSED as moot given G.M.’s graduation from Dry Creek

Joint Elementary School District.

G.M.’s request for judicial notice of the Further Excerpts of Record is

denied. Dry Creek’s motion to strike the Further Excerpts of Record from the

record is denied as moot.

*** The Honorable Donald E. Walter, Senior District Judge for the U.S. District Court for Western Louisiana, sitting by designation.