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Ione Betone v. Cheyenne River Sioux, 03-3210 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 03-3210 Visitors: 54
Filed: Aug. 11, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-3210 _ Ione Betone; Edna Thompson; * Adrienne Bruguier; Bertha Chasing * Hawk, all concerned tribal members, * * Appellants, * * Appeal from the United States v. * District Court for the * District of South Dakota. Cheyenne River Sioux Tribal Council, * former to present officials; Cheyenne * [UNPUBLISHED] River Sioux Tribe, executive officers; * Cheyenne River Sioux Tribe, * comptroller; Cheyenne River Sioux * Tribe, compliance offi
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                   United States Court of Appeals
                         FOR THE EIGHTH CIRCUIT
                                ___________

                                No. 03-3210
                                ___________

Ione Betone; Edna Thompson;             *
Adrienne Bruguier; Bertha Chasing       *
Hawk, all concerned tribal members,     *
                                        *
             Appellants,                *
                                        * Appeal from the United States
       v.                               * District Court for the
                                        * District of South Dakota.
Cheyenne River Sioux Tribal Council, *
former to present officials; Cheyenne *     [UNPUBLISHED]
River Sioux Tribe, executive officers; *
Cheyenne River Sioux Tribe,             *
comptroller; Cheyenne River Sioux       *
Tribe, compliance officer; Thomas       *
Van Norman, Cheyenne River Sioux        *
Tribe Tribal Attorney; Si Tanka/Huron *
University, Huron, SD, former to        *
present officials; Si Tanka/Huron       *
University, Administration, former to *
present officials; Si Tanka/Huron       *
University, Board of Directors, former *
to present officials; Si Tanka/Huron,   *
Board of Trustees, former to present    *
officials; Russell McClure, BIA         *
Superintendent, Si Tanka/Huron          *
Board of Trustees; Oyate Consortium; *
Tom Shortbull; Oglala Lakota College, *
                                        *
             Appellees.                 *
                                   ___________
                             Submitted: August 6, 2004
                                Filed: August 11, 2004
                                 ___________

Before MELLOY, LAY, and COLLOTON, Circuit Judges.
                           ___________

PER CURIAM.

      Ione Betone and others appeal the district court’s1 order denying their motion
for preliminary injunctive relief. We agree with the district court that absent a
complaint, such a motion could not be entertained. See Fed. R. Civ. P. 3 (civil action
is commenced on filing of complaint with court); Nat’l Credit Union Admin. Bd. v.
Johnson, 
133 F.3d 1097
, 1103 n.5 (8th Cir. 1998) (limited purpose of preliminary
injunction is to preserve relative positions of parties until trial on merits).

      Accordingly, we affirm. See 8th Cir. R. 47B.
                     ______________________________




      1
       The Honorable Richard H. Battey, United States District Judge for the District
of South Dakota.
                                         -2-

Source:  CourtListener

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