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No. 8646767
United States Court of Appeals for the Ninth Circuit
Smith v. Ayers
No. 8646767 · Decided December 28, 2007
No. 8646767·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 28, 2007
Citation
No. 8646767
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** California 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. Because 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). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
Smith appeals pro se from the district court’s judgment dismissing as moot his 28 U.S.C.
Key Points
01Smith appeals pro se from the district court’s judgment dismissing as moot his 28 U.S.C.
02§ 2254 petition challenging the California Board of Prison Terms’ (“the Board”) decision finding him not suitable for parole.
03Because the Board subsequently found Smith suitable for parole, and because Smith has now been released on parole, we conclude this appeal is moot.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
Smith appeals pro se from the district court’s judgment dismissing as moot his 28 U.S.C.
FlawCheck shows no negative treatment for Smith v. Ayers in the current circuit citation data.
This case was decided on December 28, 2007.
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