Robert Diraffael v. California Military Department

MEMORANDUM

Robert DiRaffael appeals the district court’s denial of his motions under Federal Rules of Civil Procedure 60(b) and 59(e), which challenged the dismissal of his complaint for lack of subject matter jurisdiction due to failure to exhaust administrative remedies. DiRaffael’s complaint sought “due process” after he tested positive for illegal drug use and the California Military Department initiated involuntary separation proceedings against him. Because the parties are familiar with the facts and procedural history, we do not restate them except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. An appeal is moot if we can no longer grant effective relief. See, e.g., Sandidge v. Washington, 813 F.2d 1025, 1025-26 (9th Cir.1987) (citation omitted). DiRaffael’s claims are based in part on the California Military Board’s initiation of involuntary separation proceedings. After DiRaffael filed his petition, the Withdrawal of Federal Recognition Board (“WOFR Board”) determined that there was insufficient evidence that he had illegally used a drug and determined that DiRaffael had not “engaged in moral or professional…