Buddha

MEMORANDUM *

American Buddha appeals the district court’s grant of summary judgment in favor of the City of Ashland (“the City”) in American Buddha’s lawsuit under 42 U.S.C. § 1983 . Because American Buddha’s lawsuit is moot, we dismiss this appeal. See Ctr. for Biological Diversity v. Lohn, 511 F.3d 960, 963 (9th Cir.2007) (“If an event occurs during the pendency of the appeal that renders the case moot, we lack jurisdiction.”).

When City employee Richard Holbo disconnected American Buddha’s modem, the City had not adopted a formal policy governing alleged copyright infringement by users of the City’s fiberoptic network (“the Network”). We take judicial notice that the City has now adopted a formal written copyright infringement policy, see United States v. Thornton, 511 F.3d 1221 , 1229 n. 5 (9th Cir.2008) (taking judicial notice of a Bureau of Prisons policy statement that was publicly available), which requires the City to comply with the notice and take-down procedures established by the Digital Millennium Copyright Act (“DMCA”), see Ashland Fiber Network Acceptable Use Policy, available at http://www. ashlandfiber.net/acceptable.htm (last visited Mar. 5, 2009) (“[The…