RANDALL MENGES V. AUSTIN KNUDSEN, ET AL, No. 21-35370 (9th Cir. 2023)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAR 1 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT RANDALL MENGES, Plaintiff-Appellee, v. No. U.S. COURT OF APPEALS 21-35370 D.C. No. 9:20-cv-00178-DLC MEMORANDUM* AUSTIN KNUDSEN, Attorney General for the State of Montana; et al., Defendants-Appellants. Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding Argued and Submitted May 11, 2022 Submission Vacated August 8, 2022 Resubmitted February 27, 2023 Portland, Oregon Before: BERZON, TALLMAN, and CHRISTEN, Circuit Judges. In light of Plaintiff Menges’ settlement agreement with the State of Idaho, the Montana Attorney General requests that we dismiss this appeal as moot and vacate the district court’s judgment. The Attorney General represents that because Menges is no longer required to register in Idaho, Montana will no longer require * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. him to register pursuant to Mont. Code Ann. § 46-23-502(9)(b). We construe the Montana Attorney General’s representation as legally binding and, on that basis, dismiss the appeal as moot. We decline to vacate the district court’s opinion. See U.S. Bancorp Mortg. Co. v. Bonner Mall P’ship, 513 U.S. 18, 24–25, 29 (1994). DISMISSED as moot. The parties shall each bear their own costs. 2

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