Arthur Marcelo v. Matthew Cate

U.S. Court of Appeals for the Ninth Circuit November 28, 2011

Arthur Marcelo v. Matthew Cate, 459 F. App'x 668 (9th Cir. 2011)

Opinion

MEMORANDUM **

California state prisoner Arthur Marcelo appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition challenging the Board of Prison Terms’s 2004 and 2005 decisions denying parole. We dismiss.

The record reflects that Marcelo received a new parole hearing in 2010 and has been released on parole. Thus, there is no injury that can be redressed by a favorable decision, and the case is moot. *669 See Burnett v. Lampert, 432 F.3d 996, 999-1001 (9th Cir. 2005); see also Munoz v. Rowland, 104 F.3d 1096, 1097-98 (9th Cir. 1997) (“Because Munoz has been released ..., we can no longer provide him the primary relief sought in his habeas corpus petition”).

The state’s motion for judicial notice is granted.

William Charles Melcher’s motion to withdraw as Marcelo’s counsel is also granted.

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name: Arthur MARCELO, Petitioner—Appellant, v. Matthew CATE, Respondent—Appellee
Status: Unpublished