934 F2d 324 State v. Hobson

934 F.2d 324

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

STATE of Nevada, Plaintiff-Appellee,
v.
Kenneth HOBSON, a/k/a Ken Lake, Defendant-Appellant.

No. 88-2857.

United States Court of Appeals, Ninth Circuit.

Submitted May 29, 1991.*
Decided May 31, 1991.

Before HUG, KOZINSKI and LEAVY, Circuit Judges.


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1

MEMORANDUM**

2

Kenneth Hobson, aka Ken Lake, a Nevada state prisoner, appeals pro se the district court's summary dismissal of his petition for removal brought pursuant to 28 U.S.C. Secs. 1443(1) & 1446. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291, and we dismiss the appeal as moot.

3

Federal courts lack jurisdiction to decide a case if it is moot. Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir.1985), cert. denied, 475 U.S. 1019 (1986). A case is moot when "the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome" and "when a court's decision will no longer have an impact on the plaintiff." Id. at 1338-39. Because Hobson has been tried and convicted in state court, he cannot get the relief he requested in his petition for removal. This appeal is dismissed as moot.

4

DISMISSED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3