Erich Smith v. President United States of Ame ( 2023 )

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 21-3091 ______________ ERICH SMITH; FRANK E. GARWOOD, JR.; MARIBEL LORENZO; DR. DANIEL DONOFRIO Appellants v. PRESIDENT UNITED STATES OF AMERICA ______________ On Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 1-21-cv-19457) District Judge: Honorable Christine P. O’Hearn Before: HARDIMAN, PORTER, and MATEY, Circuit Judges ______________ JUDGMENT ORDER ______________ On May 17, 2023, Appellee moved to dismiss this appeal as moot. Having considered the parties’ arguments, we conclude that the appeal is moot and dismissal is appropriate. We express no opinion on whether the case itself is moot, and leave that question for the District Court to consider on remand. Our decision is limited solely to the appeal of the denial of a preliminary injunction. It is accordingly hereby ORDERED that the appeal is dismissed and the matter REMANDED to the District Court for further proceedings. By the Court, s/ Paul B. Matey Circuit Judge ATTEST: s/ Patricia S. Dodszuweit Clerk DATED: August 10, 2023 2