Dean Benally, Plaintiff-appellant, v. George Graham, Defendant-appellee, 51 F.3d 279 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 51 F.3d 279 (9th Cir. 1995) Submitted March 21, 1995. *Decided March 29, 1995

Before: SNEED, POOLE and BRUNETTI, Circuit Judges.

MEMORANDUM** 

Dean Benally, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action seeking an injunction directing the Coconino County Jail to provide better dental treatment for inmates. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

We agree with the district court that Benally's request for injunctive relief is moot because he is no longer incarcerated in the Coconino County Jail and has demonstrated no reasonable expectation of returning. See Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991). The district court also correctly held that Benally lacks standing to maintain this action. See Darring v. Kincheloe, 874 F.2d 877-78 (9th Cir. 1986). Accordingly, the district court's dismissal of Benally's action is

AFFIRMED.

 *

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

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