Larry Fassler v. John J. Moran

The sole issue before this court is: Was plaintiff’s complaint properly dismissed? We do not reach this issue, for we lack jurisdiction to consider this appeal.

On July 12, 1973, plaintiff, an Arizona state prisoner, filed a complaint against the Director of the Arizona Department of Corrections, seeking his right to have access to legal papers to stop defendant interfering with his mail, and confiscating his personal property. He also requested various damage awards.

On February 19, 1976, the Honorable C. A. Muecke, District Judge of the District of Arizona, finding that the issues raised by plaintiff’s complaint regarding his access to legal papers, and the alleged interference with his mail at the Arizona State Prison, had been severally rendered moot by plaintiff’s transfer subsequent to the filing of his suit from Arizona State Prison to the United States Penitentiary at Leavenworth, Kansas, to serve a federal sentence. The Court then dismissed the plaintiff’s complaint as moot (C.T. 442).

On that same day (February 19, 1976), a judgment to that effect was filed by the Clerk of the District Court (C.T. 443), and entered by the Clerk on the same date, February 19, 1976…