A federal appeals court dismissed a lawsuit from a man who alleged that New Hampshire’s vaccine distribution plan discriminated against residents on the basis of race.

Before he obtained a vaccine appointment, James Pietrangelo, 55, who is white, sued Gov. Chris Sununu, Health Commissioner Lori Shibinette, and other health officials in February to challenge New Hampshire’s vaccine equity plan.

During the early days of the COVID-19 vaccine distribution, most of New Hampshire’s supply was distributed in phases based on age, occupation and medical risk. Up to 10% was allocated for “vulnerable populations in areas at risk of disproportionate impact from COVID-19,” such as people identifying as a racial or ethnic minority; people experiencing homelessness; people living in an isolated area; and other criteria.

Pietrangelo asked for a preliminary injunction, saying the plan violates the U.S. Constitution, the Civil Rights Act and the Affordable Care Act. The state objected, saying he didn’t have the right to bring the claim and that he couldn’t show any risk of irreparable harm.

A judge ruled against Pietrangelo, who appealed to the 1st U.S. Circuit Court of Appeals. The court ruled Friday that his claims are moot, noting that there is plenty of vaccine supply and that he was able to schedule a vaccine appointment in April.

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THE NUMBERS

More than 120,000 people have tested positive for the virus in New Hampshire, including 421 cases announced Friday. No new deaths were announced, keeping the total at 1,481.

The seven-day rolling average of daily new cases in New Hampshire has risen over the past two weeks from 459 on Sept. 18 to 473 on Saturday.