Michael Lee Racinowski v. Wayne Seifert, Warden

Good Law
988 F.2d 121·1993 WL 43871·1993 U.S. App. LEXIS 10989
United States Court of Appeals for the Ninth CircuitFebruary 22, 199392-55818California492 words

Opinion

Opinion

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Lee RACINOWSKI, Petitioner-Appellant, v. Wayne SEIFERT, Warden, Respondent-Appellee. No. 92-55818. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 22, 1993. Appeal from the United States District Court for the Central District of California, No. CV-91-6061-RSWL; Ronald S.W. Lew, District Judge, Presiding. C.D.Cal. APPEAL DISMISSED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Michael L. Racinowski, a former federal prisoner, appeals pro se from the district court's dismissal of his 28 U.S.C. § 2241 habeas petition. The district court dismissed the habeas petition without prejudice on the ground that Racinowski should present his claims in a 28 U.S.C. § 2255 motion to the sentencing court in Oregon. Federal courts lack jurisdiction to decide moot cases. Sample v. Johnson, 771 F.2d 1335, 1338 (9th Cir.1985), cert. denied, 475 U.S.…

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