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Leslie v. Holt
Citation: 56 F. App'x 808Docket: No. 02-15072; D.C. No. CV-00-04719-SC
Court: Court of Appeals for the Ninth Circuit; February 13, 2003; Federal Appellate Court
Stephen K. Leslie's appeal from the district court's December 12, 2001 order, which affirmed the bankruptcy court's denial of his motion to dismiss his Chapter 7 bankruptcy case, has been dismissed as moot. The sole reason for Leslie seeking dismissal was to pursue a separate lawsuit against ICA Construction Corporation (ICA). However, the bankruptcy trustee settled the ICA litigation, resulting in its dismissal with prejudice, and no stay was obtained during this process. Leslie contends that his appeal is not moot due to its potential for repetition, public interest, and possible collateral consequences. The court, however, found no reasonable likelihood of Leslie facing a similar order again, as the underlying facts were unique and unlikely to recur, thereby rendering the matter moot. Additionally, Leslie did not identify any significant collateral consequences. Consequently, since no effective relief could be granted, the appeal is dismissed. The court specified that this disposition is not suitable for publication and may not be cited in this circuit, except as allowed by Ninth Circuit Rule 36-3.