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Harrison Benjamin KINNEY, Plaintiff-Appellant, v. NOB HILL GRILL; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2018-02-09No. No. 17-15255
710 F. App'x 783

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Opinion

majority opinion

MEMORANDUM

Harrison Kinney appeals the district court’s grant against him of judgment on the pleadings. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm in part and dismiss in part.

Plaintiffs claim for prospective injunc-tive relief under the Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq., became moot when the restaurant closed.

Given the absence of any available relief under federal law, the district court did not abuse its. discretion in declining to exercise supplemental jurisdiction over plaintiffs state-law claims. 28 U.S.C. § 1367(c)(3); City of Colton v. American Promotional Events, Inc.-West, 614 F.3d 998, 1008 (9th Cir. 2010). Given our resolution of this appeal, we need not decide any other question presented by this case.

All pending motions are denied as moot.

AFFIRMED IN PART; DISMISSED IN PART.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.