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Before BOYCE F. MARTIN, Jr. and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.
ORDER
The plaintiff appeals an interlocutory order dismissing the defendants on grounds of qualified immunity in this civil rights case. The defendants now move to dismiss the appeal. The plaintiff has filed a response in opposition and the defendants have replied.
An order granting absolute or qualified immunity is not a final and appealable order. Coe by Coe v. Ziegler, 817 F.2d 29, 30 (6th Cir.1987) (per curiam). The plaintiff argues that the order appealed from also denied the plaintiff's request for an injunction and is therefore immediately appealable under 28 U.S.C. Sec . 1292(a)(1). We conclude, however, that the plaintiff's appeal from that portion of the order denying an injunction is moot. An appeal from the denial of an injunction is mooted when the requested end-date for the preliminary injunction has passed. See Tropicana Products Sales, Inc. v. Phillips Brokerage Co., 874 F.2d 1581, 1582 (11th Cir.1989).
It is therefore ORDERED that the defendants' motion to dismiss is granted.
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This document cites
- U.S. Court of Appeals for the Sixth Circuit - Christopher Coe, By His Next Friend Michael Coe; Danny & Sondra Smith, By Their Next Friend Mary Smith, Plaintiffs-Appellants, v. Linda Ziegler; Officer Robert Connelly, Officer Jeffrey R. Hunt, Police Officers--Cincinnati Police Department; John P. O'Connor, Individually and in Capacity as Judge, Hamilton Co. Juvenile Court, Defendants-Appellees, Kathleen Byrne, Et Al., Defendants., 817 F.2d 29 (6th Cir. 1987)
- U.S. Court of Appeals for the Eleventh Circuit - Tropicana Products Sales, Inc., Plaintiff-Appellant, v. Phillips Brokerage Company and Dole Packaged Foods Company, Defendants-Appellees., 874 F.2d 1581 (11th Cir. 1989)
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