Gabriel Torquato v. Larry F. Taylor, Warden

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gabriel TORQUATO, Petitioner-Appellant, v. Larry F. TAYLOR, Warden, Respondent-Appellee. No. 91-55548. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 29, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel Torquato, a former federal prisoner, appeals pro se the district court's order denying his 28 U.S.C. § 2241 habeas petition. He contends that the district court erred in denying him credit for time spent on pretrial release under "house arrest". We have no jurisdiction to hear this issue because it is moot. See Riemers v. Oregon, 863 F.2d 630, 632 (9th Cir.1988) (citing Cox v. McCarthy, 829 F.2d 800, 803 (9th Cir.1987)). 3 "A moot action is one in which the parties lack a legally cognizable interest in the outcome." Id. (citing Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir.), cert. denied, 475 U.S. 1019 (1986)). " 'The test for…