Testo completo
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
DAT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT EDWIN HOFFMAN,
Petitioner - Appellant,
v.
JOHN MARSHALL,
Respondent - Appellee.
No. 07-56856
D.C. No. CV-07-00340-R
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and LEAVY, Circuit Judges.
Robert Edwin Hoffman, a former California state prisoner, appeals pro se
from the district court’s judgment denying his 28 U.S.C. § 2254 petition
challenging the California Board of Prison Terms’ (“the Board”) decision
FILED
JAN 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
-- 1 of 2 --
DAT/Research 07-56856 2
determining him not suitable for parole.
The Board subsequently determined that Hoffman was suitable for parole,
the Governor declined to exercise his discretion to review the decision, and
Hoffman has now been released on parole. Therefore, this appeal is moot. See
Burnett v. Lampert, 432 F.3d 996, 1000-01 (9th Cir. 2005); see also Fendler v.
U.S. Bureau of Prisons, 846 F.2d 550, 555 (9th Cir. 1988).
AFFIRMED.
-- 2 of 2 --
