Kenya Gayles v. D. Sisto

FILED
NOT FOR PUBLICATION MAY 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KENYA GAYLES, No. 10-15696
Petitioner - Appellant, D.C. No. 2:08-cv-02774-GEB-
EFB
v.
D. K. SISTO, MEMORANDUM *
Respondent - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
California state parolee Kenya Gayles appeals pro se from the district court’s
order dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under
28 U.S.C. § 2253, and dismiss the appeal as moot.
*
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).
Contending that an allegedly improper 2006 disciplinary action made it
more likely that he would be denied parole, Gayles sought expungement of the
disciplinary action against him. While his appeal was pending, Gales was released
from state custody. Since Gales has been released on parole, his petition is moot.
See Munoz v. Rowland, 104 F.3d 1096, 1097-98 (9th Cir. 1997). All pending
motions are denied as moot.
DISMISSED.
2 10-15696