Kenneth Earl Gay v. Daniel Vasquez, Warden

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth Earl GAY, Plaintiff-Appellant, v. Daniel VASQUEZ, Warden, Defendant-Appellee. No. 92-16320. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 7, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Earl Gay, a California state prisoner, appeals pro se the dismissal of his 42 U.S.C. § 1983 action challenging the conditions of the prison visitation program for Grade B classification prisoners. 1 He contends that the district court erred by dismissing his claim as moot because he was reclassified as a Grade A prisoner. Federal courts lack jurisdiction to decide moot cases; therefore, we review de novo the district court's decision on mootness. Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir.1985), cert. denied, 475 U.S. 1019 (1986). We affirm. 3 "A moot action is one in which the parties lack a legally cognizable interest in the…