Charles S. Pope v. Oregon Board of Parole and Post Prison Supervision

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHARLES S. POPE,
Petitioner - Appellant,
v.
OREGON BOARD OF PAROLE AND
POST PRISON SUPERVISION,
Respondent - Appellee.
No. 13-36018
D.C. No. 2:12-cv-00305-AA
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, Chief District Judge, Presiding
Argued and Submitted April 8, 2014
Seattle, Washington
Before: KOZINSKI, Chief Judge, and RAWLINSON and BEA, Circuit Judges.
Petitioner Charles Pope seeks federal habeas relief based on his claims of
constitutional error arising from an Oregon Board of Parole hearing conducted on
August 3, 2011.
FILED
APR 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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In January 2014, the Board of Parole conducted a hearing, referred to as an
exit interview, in anticipation of Pope’s scheduled July 21, 2014 release date.
Following that hearing, the Board of Parole deferred Pope’s release date 24 months
to July 2016.
A habeas petition is moot when it no longer presents a case or controversy
because the injury alleged cannot be redressed by a favorable judicial decision.
Spencer v. Kemna, 523 U.S. 1, 7 (1998). If Pope were to prevail on the merits of
his constitutional claims, the only relief this court could order would be that the
Board of Parole conduct an exit interview hearing. That, Pope has already
obtained. We therefore conclude that Pope’s claim is moot. Because the court
does not have jurisdiction to hear Pope’s claim, the appeal is dismissed.
DISMISSED.
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