Hicks v. Shepard

Filing 20

ORDER signed by Circuit Judge Marsha S. Berzon on 9/30/2010 ORDERING that Resp's 18 Motion to Dismiss is GRANTED and Mr. Hicks petition is DISMISSED as moot. The 14 Motion to Appoint Counsel is DENIED as moot. The Clerk shall close this case. CASE CLOSED. (Zignago, K.)

(HC) Hicks v. Shepard

Doc. 20

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 27 28 vs. RON HICKS,

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Petitioner,

M. SHEPARD, Warden, Respondent.

) ) ) ) ) ) ) ) ) )

Case No. 2:07cv897 MSB ORDER

Petitioner Ron Hicks, incarcerated and proceeding pro se, filed this habeas petition under 28 U.S.C. § 2254 to challenge the California Board of Prison Terms' 2002 decision denying him parole. However, on July 7, 2010, Respondent Shepard filed a Motion to Dismiss Mr. Hicks's Petition as Moot (doc. # 18), on the grounds that Mr. Hicks has been found suitable for parole and released. Mr. Hicks then filed a status report with this Court (doc. # 19) confirming that he has been released and requesting that his petition be dismissed. In light of the foregoing, Respondent's Motion to Dismiss (doc. # 18) is GRANTED, and Mr. Hicks's Petition is DISMISSED as moot. Mr. Hicks's Motion to Appoint Counsel (doc. # 14) is DENIED as moot. The Clerk shall close this case. It is so ordered this 30th day of September, 2010.

/s/ Marsha S. Berzon MARSHA S. BERZON United States Circuit Judge Sitting by designation

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