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262 F. App'x 779

Smith v. Ayers

U.S. Courts of Appeals

Decided December 28, 2007

U.S. Courts of Appeals · decided 2007-12-28

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Burnett v. Lampert

Decided 2007-12-28

¶1MEMORANDUM

¶2California state prisoner Bryan A. Smith appeals pro se from the district court’s judgment dismissing as moot his 28 U.S.C. § 2254 petition challenging the California Board of Prison Terms’ (“the Board”) decision finding him not suitable for parole.

¶3Because the Board subsequently found Smith suitable for parole, and because Smith has now been released on parole, we conclude this appeal is moot. See Burnett v. Lampert, 432 F.3d 996 (9th Cir.2005).

¶4AFFIRMED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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