Brodsky v. Curry et al
Filing
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ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 12/4/09. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 12/7/2009)
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 Petitioner filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the California Board of Parole Hearings' ("BPH") November 6, 2006 decision finding him not suitable for parole on his 15 years to life sentence for conspiracy to commit murder. Because the BPH subsequently found petitioner suitable for parole, and because petitioner has now been released on parole, the petition for a writ of habeas corpus is DISMISSED as moot. See Fendler v. United States Bureau of Prisons, 846 F.2d 550, 555 (9th Cir. 1988) (habeas challenge to denial of parole will become moot if petitioner is released on parole before court considers petition); see also Burnett v. Lampert, 432 F.3d 996, 999-1001 (9th Cir. 2005) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
CLIFFORD BRODSKY, Petitioner, vs. BEN CURRY, Warden, Respondent.
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No. C 08-1574 CRB (PR) ORDER OF DISMISSAL
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(finding habeas petition still moot after petitioner violated parole and was reincarcerated). The clerk shall enter judgment in accordance with this order and close the file. SO ORDERED. DATED: Dec. 4, 2009 CHARLES R. BREYER United States District Judge
G:\PRO-SE\CRB\HC.08\Brodsky, C1.dismissal.wpd
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