Ralph Duran v. Cal. Dep't of Forestry & Fire Protection

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RALPH DURAN; MICHAEL ESPARZA, No. 23-16155

Plaintiffs-Appellants, D.C. No. 3:22-cv-06120-CRB

v.

MEMORANDUM*

CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Argued and Submitted July 10, 2024 San Francisco, California

Before: FRIEDLAND, MENDOZA, and DESAI, Circuit Judges.

Ralph Duran and Michael Esparza (“Plaintiffs”) appeal the dismissal of their

lawsuit challenging the COVID-19 testing policy adopted by the California

Department of Forestry and Fire Protection (“CAL FIRE”) during the height of the

COVID-19 pandemic. We affirm the dismissal because Plaintiffs lack standing.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs “must demonstrate standing separately for each form of relief

sought.” Friends of…