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Cooks v. Pye

Citation: 43 F. App'x 108Docket: No. 01-17269; D.C. No. CV-00-01854-DFL

Court: Court of Appeals for the Ninth Circuit; July 30, 2002; Federal Appellate Court

Narrative Opinion Summary

In this federal appellate case, a state prisoner challenges the district court's dismissal of his civil rights claims under sections 1983, 1985, and 1986 against employees of the California State Bar Association. The prisoner alleges that these employees failed to prevent a suspended attorney from representing him in a criminal trial, in violation of state bar rules. The appellate court, exercising jurisdiction under 28 U.S.C. § 1291, reviews the dismissal de novo. Central to the court's analysis is the issue of standing, which it addresses sua sponte. The court concludes that the prisoner lacks standing because he has not established an injury in fact that is directly attributable to the defendants' actions and that could be rectified by a favorable verdict. Consequently, the court affirms the district court's dismissal for lack of jurisdiction to consider the case on its merits. The ruling is designated as unpublished and may only be cited in future cases as allowed by Ninth Circuit Rule 36-3.

Legal Issues Addressed

Jurisdiction of Appellate Courts under 28 U.S.C. § 1291

Application: The appellate court exercises jurisdiction over the district court's dismissal of claims under 28 U.S.C. § 1291.

Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews dismissals under 28 U.S.C. § 1915A(a) de novo for failure to state a claim.

Non-Publication and Citation of Court Decisions

Application: The court's decision is not intended for publication and is restricted from citation in future cases except under specific circumstances.

Reasoning: The decision is not intended for publication and is not to be cited in future cases except as permitted by Ninth Circuit Rule 36-3.

Review of Dismissal for Failure to State a Claim

Application: The court reviews the district court's dismissal of Cooks' claims under sections 1983, 1985, and 1986 de novo.

Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews dismissals under 28 U.S.C. § 1915A(a) de novo for failure to state a claim.

Standing Requirements in Federal Court

Application: Cooks fails to demonstrate an injury in fact that is directly traceable to the defendants' actions, leading to a lack of standing.

Reasoning: However, the court finds that Cooks lacks standing because he has not demonstrated an injury in fact that is traceable to the actions of the defendants and that could be remedied by a favorable ruling.

Sua Sponte Consideration of Standing

Application: The court addresses standing issues on its own initiative, as mandated by procedural requirements.

Reasoning: The court addresses standing issues sua sponte, as required.