Unpublished Disposition, 934 F.2d 324 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 934 F.2d 324 (9th Cir. 1991)

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.


MEMORANDUM** 

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. §§ 1443(1) & 1446. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we dismiss the appeal as moot.

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.

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