Wang v. Masaitis

Ninth Circuit

Wang v. Masaitis

93 F. App'x 171

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 8, 2004

DocketNo. 03-55916

StatusPublished

This text of 93 F. App'x 171 (Wang v. Masaitis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wang v. Masaitis, 93 F. App'x 171 (9th Cir. 2004).

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Opinion

MEMORANDUM

*

Wang appeals the order denying his petition for a writ of habeas corpus, in which he seeks relief from his detention prior to an extradition hearing. After his initiation of this appeal, the district court certified to the Secretary of State that Wang is extraditable for the crimes charged in Hong Kong’s request for extradition. The certificate of extraditability included an order that Wang remain, without bail, in the custody of the United States Marshal. The district court’s post-certification denial of bail superseded the pre-hearing detention order, and stripped this case of any “live” issues and this court of any ability to grant effective relief. We lack jurisdiction and dismiss the appeal as moot. Pub. Utils. Comm’n v. Fed. Energy Regulatory Comm’n, 100 F.3d 1451, 1458 (9th Cir.1996).

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM

*

Wang appeals the order denying his petition for a writ of habeas corpus, in which he seeks relief from his detention prior to an extradition hearing. After his initiation of this appeal, the district court certified to the Secretary of State that Wang is extraditable for the crimes charged in Hong Kong’s request for extradition. The certificate of extraditability included an order that Wang remain, without bail, in the custody of the United States Marshal. The district court’s post-certification denial of bail superseded the pre-hearing detention order, and stripped this case of any “live” issues and this court of any ability to grant effective relief. We lack jurisdiction and dismiss the appeal as moot. Pub. Utils. Comm’n v. Fed. Energy Regulatory Comm’n, 100 F.3d 1451, 1458 (9th Cir.1996).

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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Bluebook (online)

93 F. App'x 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wang-v-masaitis-ca9-2004.