Larry Giraldes, Jr. v. Jeffrey Beard , 707 F. App'x 937 ( 2017 )


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  •                                                                               FILED
    NOT FOR PUBLICATION                         DEC 21 2017
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                   U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    LARRY GIRALDES, Jr.,                                  No. 17-16144
    Plaintiff - Appellant,
    D.C. No. 2:14-cv-01780-CKD
    v.
    SCOTT KERNAN,* Secretary of the
    California Department of Corrections,                 MEMORANDUM**
    Defendant - Appellee.
    Appeal from the United States District Court
    for the Eastern District of California
    Carolyn K. Delaney, Magistrate Judge, Presiding***
    Submitted December 18, 2017****
    Before:              WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
    *
    Scott Kernan has been substituted for his predecessor, Jeffrey A.
    Beard, as Secretary of the California Department of Corrections and Rehabilitation
    under Fed. R. App. P. 43(c)(2).
    **
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    ***
    The parties consented to proceed before a magistrate judge. See 28
    U.S.C. § 636.
    ****
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    California state prisoner Larry Giraldes, Jr., appeals pro se from the district
    court’s judgment dismissing as moot his claims challenging a California regulation
    relating to certain prisoners’ family overnight visits. We have jurisdiction under
    28 U.S.C. § 1291. We review de novo the question whether a case is moot. Native
    Vill. of Noatak v. Blatchford, 
    38 F.3d 1505
    , 1509 (9th Cir. 1994). We affirm.
    The district court properly dismissed Giraldes’s action as moot because the
    challenged policy is no longer being enforced due to a change in policy arising
    from a statutory amendment. See 
    id. at 1510
    (“As a general rule, if a challenged
    law is repealed or expires, the case becomes moot.”).
    The district court did not abuse its discretion by denying Giraldes’s motion
    for reconsideration because Giraldes failed to demonstrate any grounds for such
    relief. See Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 
    5 F.3d 1255
    ,
    1262-63 (9th Cir. 1993) (setting forth standard of review and listing grounds
    warranting reconsideration under Fed. R. Civ. P. 59(e) and 60(b)).
    We reject as without merit Giraldes’s contention concerning ineffective
    assistance of counsel. See Nicholson v. Rushen, 
    767 F.2d 1426
    , 1427 (9th Cir.
    1985) (“Generally, a plaintiff in a civil case has no right to effective assistance of
    counsel.”).
    AFFIRMED.
    2                                    17-16144
    

Document Info

Docket Number: 17-16144

Citation Numbers: 707 F. App'x 937

Judges: Wallace, Silverman, Bybee

Filed Date: 12/21/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024