Unpublished Disposition, 934 F.2d 324 (9th Cir. 1991)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


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.



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