Gerald C. Souch, Plaintiff-appellant, v. Samuel A. Lewis, Director; Turner, Sgt.; Eads, Cso,defendants-appellees, 103 F.3d 140 (9th Cir. 1996)

MEMORANDUM^** 

Gerald C. Souch, an Arizona state prisoner, appeals pro se the district court's dismissal of his action alleging that defendants violated the mail regulations adopted as part of the consent decree in Hook v. Arizona, No. CIV-73-97-PHX-CAM (D. Ariz. Oct. 19, 1973) ("Hook I") (order incorporating proposed mail regulations into consent decree). We dismiss the appeal as moot.

On February 8, 1995, Souch filed a complaint alleging that defendants violated the regulations imposed by the Hook I consent decree when they returned a holiday package sent by his mother on December 17, 1993.

On October 25, 1996, this court "conclude [d] [that] the consent decree should be modified to delete the holiday package provision." Hook v. Arizona, 98 F.3d 1177, 1180 (9th Cir. 1996) ("Hook III"). This court stated " [t]hat the provision has become an excessive burden on state prison authorities ... [and] has significantly diminished their ability to maintain the security and safety of the prisons, and as a result it has proved to be detrimental to the public interest." Id.

Because this court has concluded that the holiday package provision of the consent decree, upon which Souch's complaint is based, should be vacated because it "has become an excessive burden on state prison authorities," see Hook III, 98 F.3d at 1180, we conclude that Souch's appeal is moot. See Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992).

DISMISSED.