McCray v. Kernan et al

Filing 53

ORDER signed by Judge Garland E. Burrell, Jr on 2/17/09 ORDERING that Petitioner's unopposed Motion for voluntary dismissal 52 is GRANTED. This Action is dismissed as moot; The Clerk is directed to enter judgment and close this file. CASE CLOSED. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. SCOTT KERNAN, et al., Respondents. / Petitioner, a state prisoner proceeding with appointed counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole. Pending before the court is petitioner's unopposed motion for voluntary dismissal (Doc. 52) of this action as moot. Petitioner states that he was ultimately granted parole with respect to his life term in December 2008. While petitioner remains in custody pursuant to a different conviction arising from an offense petitioner committed while in prison, the issues raised in the instant petition are now moot. /// /// /// 1 SABU SHERVON McCRAY, Petitioner, ORDER 2:06-cv-0485-GEB-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 granted;

Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's unopposed motion for voluntary dismissal (Doc. 52) is

2. 3.

This action is dismissed as moot; and The Clerk of the Court is directed to enter judgment and close this file.

Dated: February 17, 2009

GARLAND E. BURRELL, JR. United States District Judge

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