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Cutlip v. Ryan

filed*fn*: December 19, 1991.

JEFFREY GENE CUTLIP, PETITIONER-APPELLANT,
v.
CHARLES RYAN, WARDEN, A.S.P.C. WINSLOW, RESPONDENT-APPELLEE.



Appeal from the United States District Court for the District of Arizona. William P. Copple, Senior Judge, Presiding. D.C. No. CV-90-01815-WPC

Before: Wallace, Chief Judge, and Schroeder and Rymer, Circuit Judges.

MEMORANDUM

Jeffrey Gene Cutlip, an Arizona state prisoner, appeals pro se the district court's order dismissing his habeas corpus petition for failure to exhaust state remedies. Cutlip claimed in his habeas petition that the trial court violated his sixth amendment right to a speedy trial by failing to grant him a trial within 60 days after the Arizona Court of Appeals vacated his guilty plea and remanded for further proceedings.

We dismiss this appeal as moot. Cutlip filed his federal habeas petition on November 27, 1990, and the district court dismissed it on December 5, 1990. On January 24, 1991, on direct appeal, the Arizona Supreme Court remanded the case to the Arizona Court of Appeals for reconsideration. On February 7, 1991, the Arizona Court of Appeals reconsidered its earlier decision and affirmed Cutlip's conviction. Accordingly, this action is moot because this court cannot grant the relief Cutlip sought in his habeas petition. See Murphy v. Hunt, 455 U.S. 478, 481 (1982) (a claim is moot when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome); Picrin-Peron v. Rison, 930 F.2d 773, 775 (9th Cir. 1991) (a claim is moot when the court no longer has power to grant the requested relief). We therefore dismiss this appeal.

DISMISSED.

Disposition

DISMISS ...


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