Hoffman

Hoffman v. John Does

Good Law
138 F. App'x 4
United States Court of Appeals for the Ninth CircuitMay 9, 2005No. 04-35199; D.C. No. CV-02-00291-BLWCalifornia268 words

Opinion

Lead Opinion

MEMORANDUM *

Idaho state prisoner Maxwell Hoffman (“Hoffman”) appeals the district court’s dismissal of his action challenging the conditions of his confinement. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the dismissal of Hoffman’s action and remand to the district court for further proceedings.

Hoffman first argues that the district court erred in dismissing his action as moot. Superseding events do not moot an issue unless they “have completely and irrevocably eradicated the effects of the alleged violation.” Smith v. Univ. of Wash., Law School, 233 F.3d 1188, 1194 (9th Cir.2000) (internal quotation marks omitted). Because the district court found that only “some” of Hoffman’s concerns “may” be moot, we conclude that the dis *6 trict court erred in dismissing Hoffman’s action on mootness grounds.

Hoffman also argues that the district court abused its discretion in dismissing his action without first ruling on his request for appointed counsel. We agree. A district court must rule on an application for appointment of counsel before dismissing a pro se litigant’s action. Miles v. Dep’t of Army, 881 F.2d 777, 784 (9th Cir.1989); McElyea v. Babbitt, 833…

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