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Koch v. Ryan

United States Court of Appeals, Ninth Circuit
Jul 11, 2003
335 F.3d 993 (9th Cir. 2003)

Summary

In Koch v. Ryan, 335 F.3d 993 (9th Cir. 2003), we dismissed the consolidated appeals of Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001) and Koch v. Lewis, 2001 WL 1944737 (D.Ariz. Dec.17, 2001) because Koch's release from prison rendered the consolidated appeals moot.

Summary of this case from Koch v. Schriro

Opinion

Nos. 01-16891, 02-15061.

Argued and Submitted November 5, 2002.

Filed July 11, 2003.

Michael T. O'Toole, Assistant Attorney General, Phoenix, AR, for the appellants.

Timothy J. Eckstein, Osborn Maledon, Phoenix, Arizona (argued); Daniel J. Pochoda, Phoenix, AR (briefed), for the appellee.

Appeal from the United States District Court for the District of Arizona; James B. Moran, Senior Judge, Presiding. D.C. Nos. CV-90-01872-JBM, CV-90-01872-JBM.

Before: B. FLETCHER, RAWLINSON, and CLIFTON, Circuit Judges.



ORDER

Petitioner's release from prison by the State of Arizona has rendered the consolidated appeals in this matter moot. See Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995). Accordingly, the Motion to Dismiss Appeal filed by Appellant Charles L. Ryan is GRANTED.

This appeal is DISMISSED and the cases of Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001) and Koch v. Lewis, 2001 WL 1944737 (D.Ariz. December 17, 2001) are REMANDED to the district court to determine whether its rulings should be vacated. See Dilley, 64 F.3d at 1372-73.

A certified copy of this order sent to the district court shall constitute the mandate.

DISMISSED and REMANDED.


Summaries of

Koch v. Ryan

United States Court of Appeals, Ninth Circuit
Jul 11, 2003
335 F.3d 993 (9th Cir. 2003)

In Koch v. Ryan, 335 F.3d 993 (9th Cir. 2003), we dismissed the consolidated appeals of Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001) and Koch v. Lewis, 2001 WL 1944737 (D.Ariz. Dec.17, 2001) because Koch's release from prison rendered the consolidated appeals moot.

Summary of this case from Koch v. Schriro
Case details for

Koch v. Ryan

Case Details

Full title:Mark A. KOCH, Plaintiff-Appellee, v. Charles L. RYAN, Defendant-Appellant…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 11, 2003

Citations

335 F.3d 993 (9th Cir. 2003)

Citing Cases

Koch v. Schriro

ORDER In Koch v. Ryan, 335 F.3d 993 (9th Cir. 2003), we dismissed the consolidated appeals of Koch v. Lewis,…