Cindy Abshire v. Gavin Newsom

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 4 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CINDY ABSHIRE; et al., No. 21-16442

Plaintiffs-Appellants, D.C. No. 2:21-cv-00198-JAM-KJN v.

GAVIN NEWSOM, Governor; et al., MEMORANDUM*

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted December 5, 2022 San Francisco, California

Before: NGUYEN and SUNG, Circuit Judges, and BATAILLON,** District Judge.

Plaintiffs Cindy and Timothy Abshire, Alan and Monica Butts, Nomadness

Corporation, and Mammoth Lakes Business Coalition appeal the district court’s

grant of Defendants’ motion to dismiss. Defendants are various officials of the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska, sitting by designation. 1 State of California (“State Defendants”), Mono…