Opinion
No. 07-36082.
December 2, 2009.
Frank Marvin Phillips, MCJ-Marion County Jail, Salem, OR, for Plaintiff-Appellant.
Richard W. Wasserman Fax 503, AGOR-Office of the Oregon Attorney General, Salem, OR, for Defendant-Appellee.
Appeal from the United States District Court for the District of Oregon, Ancer L. Haggerty, District Judge, Presiding. D.C. No. CV-01-01252-HA.
Before: D.W. NELSON, O'SCANNLAIN, and THOMAS, Circuit Judges.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
This disposition is not appropriate for publication and is net precedent except as provided by 9th Cir. R. 36-3.
In light of our concurrently filed opinion in Phillips v. Hust, 588 F.3d 652 (9th Cir. 2009), this appeal is DISMISSED as moot.