NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding.
Before PREGERSON, CANBY, and LEAVY, Circuit Judges.
Stanley R. Siler appeals pro se the district court's January 6, 1997 post-judgment order denying the federal defendants' and defendant R. Glenn Snodgrass's ("defendants-appellees") motions to dismiss as moot. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We review the district court's determination of mootness de novo. See Northwest Envtl. Defense Ctr. v. Gordon, 849 F.2d 1241, 1244 (9th Cir.1988).
Because the district court had previously entered judgment dismissing Siler's action with prejudice as to all defendants on September 26, 1996, we conclude that the district court properly denied defendants-appellees' subsequent motions to dismiss as moot. See generally id. (stating that action is moot where the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome). Further, Siler's notice of appeal was filed too late to bring the original judgment for review.
AFFIRMED.1
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Appellant's motion for correction or modification of the record pursuant to Fed.R.App.P. 10(e) is denied