Opinion
No. 08-30543 Summary Calendar.
March 13, 2009.
George A. Frilot, III, James F. Shuey, Frilot LLC, New Orleans, LA, for Defendant-Appellee.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:05-CV-4206.
Before KING, DENNIS, and OWEN, Circuit Judges.
Wayne Duchmann appeals the district court's denial of his motion for a preliminary injunction. Duchmann's motion sought to enjoin the sale of a fire station in St. Bernard Parish due to alleged violations of state law and the district court's previous orders. Because the sale of the fire station has already occurred, Duchmann's appeal is moot. "[W]e simply cannot enjoin that which has already taken place." Accordingly, we dismiss the appeal as moot and deny Duchmann's other pending motions.
See Seafarers Int'l Union of N. Am. v. Nat'l Marine Servs., Inc., 820 F.2d 148, 151-52 (5th Cir. 1987) ("[O]nce the action that the plaintiff sought to have enjoined has occurred, the case is mooted because `no order of this court could affect the parties' rights with respect to the injunction we are called upon to review.'" (quoting Marilyn T., Inc. v. Evans, 803 F.2d 1383, 1384 (5th Cir. 1986))), abrogated on other grounds by Litton Fin. Printing Div. v. NLRB, 501 U.S. 190, 111 S.Ct. 2215, 115L.Ed.2d 177(1991).
Harris v. City of Houston, 151 F.3d 186, 189 (5th Cir. 1998).
DISMISSED.