United States of America v. Fabian Vaksman

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FABIAN VAKSMAN,
Defendant - Appellant.
No. 11-30240
D.C. No. 2:11-cr-00074-WFN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Fabian Vaksman appeals from the district court’s order denying his motion
for dental services. We dismiss the appeal as moot.
Vaksman seeks an order requiring the United States Marshals Service to pay
FILED
MAR 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30240 2
for dental services for him. In light of Vaksman’s subsequent transfer to Bureau of
Prisons’ custody, the appeal is dismissed as moot. See County of Los Angeles v.
Davis, 440 U.S. 625, 631 (1979) (once a party is shown to lack a “legally
cognizable interest in the outcome” of the adversary proceeding, the action is
moot).
DISMISSED.

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