Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
State prisoner brought federal habeas corpus petition, alleging that he had been wrongfully detained due to an administrative error in processing his criminal case. The United States District Court for the Northern District of California, Vaughn R. Walker, J., denied petition. Petitioner appealed. The Court of Appeals held that petition was rendered moot by fact that prisoner was no longer being held in challenged confinement.
Appeal dismissed.
Page 647.
Appeal from the United States District Court for the Northern District of California Vaughn R. Walker, District Judge, Presiding.
Before CANBY, KOZINSKI, and RYMER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Frederick Douglass Bennett, Sr., a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 1291. Bennett contends that he was wrongfully detained due to an administrative error in processing his criminal case, where the order authorizing his detention referenced the wrong case number. Our review of the record reveals that Bennett is no longer being held in the contested confinement. Because we can no longer provide him the primary relief sought in his habeas corpus petition, the issue is moot. See Munoz v. Rowland, 104 F.3d 1096, 1097-98 (9th Cir.1997) ("We are precluded by Article III of the Constitution ... from entertaining an appeal if there is no longer a live case or controversy."); Cox v. McCarthy, 829 F.2d 800, 802-03 (9th Cir.1987).
DISMISSED.