Thomas Kay Kinnane v. John Slansky, Chief, Department of Parole and Probations Frankie Sue Del Pappa, Attorney General, State of Nevada

59 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Kay KINNANE, Petitioner-Appellant, v. John SLANSKY, Chief, Department of Parole and Probations; Frankie Sue Del Pappa, Attorney General, State of Nevada, Respondents-Appellees. No. 94-17040. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Kay Kinnane, a former Nevada state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Kinnane was convicted of three counts of battery with a deadly weapon. Kinnane contends that the district court erred in dismissing his petition as moot. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994), and vacate and remand. 3 "[A] habeas petition challenging a conviction becomes moot 'only if it is shown that there…