Harkness v. United Sates of America
Filing
64
ORDER granting 63 Second Motion to Dismiss as Moot. Signed by Judge Robert H. Cleland on 6/8/2012. (lgw)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
FURNISS HARKNESS,
Plaintiff,
v.
Case No. 10-02868
UNITED STATES OF AMERICA,
Defendant.
/
ORDER GRANTING “SECOND MOTION TO DISMISS AS MOOT”
On May 25, 2012, Defendant submitted an unopposed motion requesting that the
court dismiss this action. In the motion, and in a joint notice filed on May 11, 2012, the
parties indicate that the Secretary of the Navy has approved a special selection board
for Plaintiff to “be convened as expeditiously as possible.” (Action Memo, Dkt. # 62-1.)
As this is the relief sought by Plaintiff in his only remaining claim, the parties submit that
the Secretary’s action moots Plaintiff’s case. The court agrees. Because the issues
presented by this action are “no longer ‘live’ [and] the parties lack a legally cognizable
interest in the outcome,” Powell v. McCormack, 395 U.S. 486, 496 (1969), the court
lacks the authority to render a decision in this matter, Cleveland Branch, NAACP v. City
of Parma, Ohio, 263 F.3d 513, 530 (6th Cir. 2001) (citing Church of Scientology v.
United States, 506 U.S. 9, 12 (1992)). Accordingly,
IT IS ORDERED that the “Second Motion to Dismiss as Moot” [Dkt. # 63] is
GRANTED. This matter is hereby DISMISSED.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 8, 2012
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 8, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522
S:\Cleland\JUDGE'S DESK\C2 ORDERS\10-02868.HARKNESS.DismissMoot.set.wpd
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