Joy Garner v. Joseph Biden

FILED

NOT FOR PUBLICATION

FEB 28 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOY GARNER, individually and on behalf No. 21-15587 of The Control Group; et al., D.C. No. Plaintiffs-Appellants, 2:20-cv-02470-WBS-JDP

v.

MEMORANDUM*

JOSEPH R. BIDEN, in his official capacity as President of the United States of America,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding

Submitted February 24, 2022** San Francisco, California

Before: IKUTA, MILLER, and BADE, Circuit Judges.

Joy Garner, individually and on behalf of The Control Group—a non-profit

organization that surveyed unvaccinated individuals for the purposes of this

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). litigation—and a group of parents, who sue individually and on behalf of their

minor children (collectively,…