Unpublished Disposition, 875 F.2d 319 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 875 F.2d 319 (9th Cir. 1989)

Calvin W. STEPHENS, Plaintiff-Appellant,v.Timothy REARDON, Defendant-Appellee.

No. 87-15162.

United States Court of Appeals, Ninth Circuit.

Submitted March 14, 1989.* Decided May 17, 1989.

Before BRUNETTI, KOZINSKI and NOONAN, Circuit Judges.


ORDER

If Stephens has already received the transcripts of his state court trial, the appeal is moot. If Stephens has not received them, the appeal is unripe, as Stephens may still seek to compel the production of the transcripts in state court pursuant to Rule 35 of the California Rules of Court. In any event, there is no justiciable controversy now before us.

DISMISSED.

 *

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