Phillips v. Hust

Opinion

FILED NOT FOR PUBLICATION DEC 02 2009

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK MARVIN PHILLIPS, No. 07-36082

Plaintiff - Appellant, D.C. No. CV-01-01252-HA

v. MEMORANDUM * LYNN HUST,

Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding

Before: D.W. NELSON, O’SCANNLAIN, and THOMAS, Circuit Judges.**

In light of our concurrently filed opinion in Phillips v. Hust, No. 04-36021,

this appeal is DISMISSED as moot.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).