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ARCIGA v. FRAUENHEIM

No. 22-16974.

65 F.4th 473 (2023)

Mario ARCIGA, Petitioner-Appellee, v. Scott FRAUENHEIM, Warden Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2023.

Attorney(s) appearing for the Case

David A. Eldridge (argued) and Brian R. Means , Deputy Attorneys General; Tami M. Krenzin , Supervising Deputy Attorney General; Michael P. Farrell , Senior Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General; Sacramento, California; for Respondent-Appellant.

David M. Porter (argued) and Jerome Price Jr. , Assistant Federal Public Defenders; Heather E. Williams , Federal Public Defender; Federal Public Defender's Office; Sacramento, California; for Petitioner-Appellee.

Before: Richard R. Clifton, Mark J. Bennett, and Roopali H. Desai, Circuit Judges.

ORDER

This appeal is dismissed with prejudice as moot. Appellant Warden has conceded, in his March 15, 2023 letter to the court (Docket No. 30), that this court could no longer provide meaningful relief to Arciga after the state court's complete vacatur of his original conviction. Although the Warden continued to contest mootness, he did so only on the ground that the district court's alleged legal error was capable of repetition, yet evading review. We are not...

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