USA V. FABIAN VAKSMAN, No. 11-30240 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 09 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-30240 D.C. No. 2:11-cr-00074-WFN v. MEMORANDUM * FABIAN VAKSMAN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Fabian Vaksman appeals from the district court s order denying his motion for dental services. We dismiss the appeal as moot. Vaksman seeks an order requiring the United States Marshals Service to pay * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). for dental services for him. In light of Vaksman s subsequent transfer to Bureau of Prisons custody, the appeal is dismissed as moot. See County of Los Angeles v. Davis, 440 U.S. 625, 631 (1979) (once a party is shown to lack a legally cognizable interest in the outcome of the adversary proceeding, the action is moot). DISMISSED. 2 11-30240

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