IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 10, 2009
JAMES KEES, PETITIONER,
D.K. SISTO, WARDEN, CALIFORNIA STATE PRISON AT SOLANO, RESPONDENT.
The opinion of the court was delivered by: Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge
Petitioner Kees was a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Kees challenged the California Board of Parole Hearings's (the "Board's") refusal to set a date for his release on parole due to Governor Arnold Schwarzenegger's 2004 and 2006 reversals of the Board's grants of parole. After Kees filed his petition, he was released on parole. Kees thereafter filed a Stipulated Motion to Withdraw Petition.
Accordingly, IT IS HEREBY ORDERED that Kees's Motion to Withdraw his habeas petition is granted and this case is dismissed.
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