Bishop
Bishop v. Schriro
Opinion
Lead Opinion
MEMORANDUM **
Arizona Department of Corrections Director Dora B. Schriro appeals from the district court’s order dismissing as moot prisoner Stephen Bishop’s 42 U.S.C. § 1983 action, and requiring Schriro to give the court ninety days notice before changing any policy so as to deprive Bishop of a personal fan. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, Southern Oregon Barter Fair v. *661 Jackson County, Oregon, 372 F.3d 1128 , 1133 (9th Cir.2004), we affirm.
“It is well settled that a defendant’s voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice.” City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283, 289 , 102 S.Ct. 1070 , 71 L.Ed.2d 152 (1982). “[I]n cases involving the amendment or repeal of a statute or ordinance, mootness is ‘a matter relating to the exercise rather than the existence of judicial power.’ ” Coral Constr. Co. v. King County, 941 F.2d 910 , 927 (9th Cir.1991) (citations omitted). A court may continue to exercise jurisdiction over such a case where the balance of interests favors such continued authority. See id.