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Aguilar v. Sisto

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


August 13, 2008

GUSTAVO G. AGUILAR, PETITIONER,
v.
D.K. SISTO, WARDEN RESPONDENT.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

ORDER DISMISSING HABEAS CORPUS PETITION

The Court has been advised that petitioner had another parole suitability hearing on November 28, 2008 and was found suitable for parole. Further, the California Governor has declined to review the grant of parole, foreclosing any possibility of reversal of parole by the Governor's Office. Petitioner, presumptively, has been released from prison and has obtained the ultimate relief sought in this court. Accordingly, the claims raised in the petition have become moot. Thus, dismissal is required.

For all the foregoing reasons, petitioner's request for dismissal without prejudice is GRANTED.

IT IS SO ORDERED.

20080813

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