Opinion
No. 2:08-cv-00083-MCE-GGH.
February 12, 2008
MEMORANDUM AND ORDER
Plaintiff Thomas Jefferson Cares brought this action against various California public officials and agencies including the Secretary of State, the Attorney General, and the Registrars or Clerks of all 58 California counties. Plaintiff's complaint alleged that the Official Ballot Title and Official Ballot Summary for Proposition 93 — both of which were drafted by the Attorney General for the State of California — were intentionally misleading and would cause election results counter to the actual will of the electorate of the State of California. Plaintiff asserted that the manner in which Proposition 93 had proceeded was an unconstitutional denial of due process. Plaintiff sought a pre-election temporary restraining order enjoining the enforcement of Proposition 93. This Court held a hearing on January 31, 2007 and denied Plaintiff's application for a temporary restraining order. See February 4, 2008 Order, Docket No. 28.
In the time period between the hearing on the temporary restraining order and the entry of the Order, Plaintiff filed an Amended Complaint and a Motion for Preliminary Injunction. Both filings requested that, in the event Proposition 93 passed, this Court enter judgment prohibiting its enforcement.
On February 5, 2008, California held its election and the voters rejected Proposition 93. Accordingly, Plaintiff's case is moot.
Because this Court finds, again, that this case does not present a justiciable issue, Plaintiff's request for a preliminary injunction is DENIED and Plaintiff's case is DISMISSED with prejudice. The Clerk of the Court is directed to close the file.
IT IS SO ORDERED.