IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 26, 2009
TERRY BROWN, PETITIONER,
M. MARTEL, ACTING WARDEN, RESPONDENT.
On February 27, 2009, respondent filed a motion to dismiss the instant action as moot because petitioner was released on parole on February 23, 2009. On February 27, 2009, petitioner was directed to file a response to the motion. On March 17, 2009, petitioner filed a request to dismiss this case based on his February 23, 2009 release from prison by a grant of parole by the Governor of California.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. Fed. R. Civ. P. 41(a); see also Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254.
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