Usdc-Azt

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 14 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: STATE OF ARIZONA; et al., No. 21-71312 ______________________________ D.C. No. STATE OF ARIZONA; et al., 4:19-cv-00035-RM-LAB

Petitioners,

MEMORANDUM*

v.

UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF ARIZONA, TUCSON,

Respondent,

RUSSELL B. TOOMEY; et al.,

Real Parties in Interest.

Petition for Writ of Mandamus

Argued and Submitted March 10, 2022 Phoenix, Arizona

Before: PAEZ, CLIFTON, and WATFORD, Circuit Judges.

Dr. Russell B. Toomey (“Toomey”), an Associate Professor at the

University of Arizona and a trans man, filed the underlying action against the State

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of Arizona; Andy Tobin (“Tobin”), the Director of the Arizona Department of

Administration (“ADOA”), in his official capacity; Paul Shannon (“Shannon”), the

Acting Assistant Director of the Benefit Services Division of ADOA, in his official

capacity; the…