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Cunningham v. Finn

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


March 12, 2009

WILLIAM CUNNINGHAM, PETITIONER,
v.
CLAUDE E. FINN, ET AL., RESPONDENTS.

ORDER

Petitioner is a former state prisoner on parole proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By this action, petitioner challenges a 2006 decision of the California Board of Prison Hearings to deny him a parole date. On March 9, 2009, petitioner filed a notice of change of address in which he informs the court that he was found suitable for parole at a parole hearing on September 17, 2008 and released from state prison on February 20, 2009.*fn1 Petitioner's release on parole raises a question whether this action is moot.

Good cause appearing, IT IS HEREBY ORDERED that within twenty days from the date of this order the parties shall file briefs addressing whether the instant action should be dismissed as moot. In addition to any other matters, the parties shall advise the court of the length of petitioner's parole and address the application McQuillion v. Duncan, 342 F.3d 1012 (9th Cir. 2003), as interpreted in Burnett v. Lampert, 432 F.3d 996, 1000 (9th Cir. 2005), to this case.*fn2


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