Opinion
21-3091
08-10-2023
ERICH SMITH; FRANK E. GARWOOD, JR.; MARIBEL LORENZO; DR. DANIEL DONOFRIO Appellants v. PRESIDENT UNITED STATES OF AMERICA
NOT PRECEDENTIAL
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
PAUL B. MATEY CIRCUIT JUDGE
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.