House

Friendly House v. Napolitano

Good Law
419 F.3d 930·2005 WL 1869490
United States Court of Appeals for the Ninth CircuitAugust 9, 200505-15005California320 words

Opinion

Opinion

ORDER

The appeal is dismissed for want of jurisdiction. The district court record reveals that there was no case or controversy between plaintiffs and the State of Arizona when pleadings were before the district court. See San Diego County Gun Rights Comm’n v. Reno, 98 F.3d 1121 , 1126 (9th Cir.1996) (“Standing is an essential, core component of the case or controversy requirement.”). The order of the district court, styled Friendly House v. Napolitano, and filed on December 22, 2004, must be vacated because the plaintiffs lack standing.

Plaintiffs appeal the district court’s denial of a preliminary injunction to enjoin the enforcement of Arizona Proposition 200, addressing voter registration and public benefits. The plaintiffs are certain state and local employees subject to Proposition 200’s criminal provision and certain potentially eligible benefit recipients. Plaintiffs have not met their burden of demonstrating an injury-in-fact. “[Neither the mere existence of a proscriptive statute nor a generalized threat of prosecution satisfies the ‘case or controversy’ requirement.” Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134 , 1139 (9th Cir.2000) (en banc). Although it is…

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