Opinion
This 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NOT FOR PUBLICATION.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)
Page 597.
Lori C. Teicher, Esq., FPDNV--Federal Public Defender's Office, Las Vegas, NV, for Petitioner-Appellant.
Daniel Gene Johnson, High Desert State Prison, Indian Springs, NV, pro se.
Appeal from the United States District Court for the District of Nevada, Larry R. Hicks, District Judge, Presiding. D.C. No. CV-04-00361-LRH.
Before: FERNANDEZ, RYMER and BYBEE, Circuit Judges.
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.
Daniel Gene Johnson appeals from the district court's denial of his habeas petition alleging violations of the Interstate Agreement on Detainers Act, 18 U.S. C.App. 2 § 2 ("IADA".) We have jurisdiction pursuant to 28 U.S.C. § 2241.
Subsequent to the district court's denial of Johnson's petition, Johnson was extradited to Oklahoma and pled guilty to all pending charges. To the extent that Johnson challenges his detention in Nevada as violating provisions of the IADA, this appeal is moot. See Fendler v. United States Bureau of Prisons, 846 F.2d 550, 555 (9th Cir.1988). To the extent that Johnson challenges the failure of the Oklahoma court to rule on his motion to dismiss the charges against him, the district court lacks jurisdiction over this claim. See United States v. Black, 609 F.2d 1330, 1333 (9th Cir.1979). Accordingly, this appeal is dismissed.
DISMISSED.