The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MARK JAMES WILSON, Case No. 6:24-cv-00492-MTK
Petitioner, ORDER OF DISMISSAL
v.
JOSHUA HIGHBERGER, Superintendent,
OSCI,
Respondent.
____________________________________
KASUBHAI, District Judge.
Petitioner brought this habeas corpus Petition pursuant to 28 U.S.C. § 2254 and
challenged “prison term decisions” of the Oregon Board of Parole and Post-Prison Supervision
on grounds that the Board violated his federal constitutional rights. See Pet. at 5-6 (ECF No. 2).
On January 9, 2025, Petitioner was released from custody to community supervision and
Respondent now moves to dismiss the Petition on grounds of mootness. Respondent argues that
Petitioner’s release from custody renders his Petition moot because this Court can no longer
provide any effective relief for the alleged violation of his rights. Petitioner concedes that his
Petition is now moot.
1 - ORDER OF DISMISSAL
Upon Petitioner’s release, there is no injury that can be redressed by a favorable decision
of this Court. See Burnett v. Lampert, 432 F.3d 996, 999-1001 (9th Cir. 2005). Accordingly,
Respondent’s Motion to Dismiss (ECF No. 21) is GRANTED and this action is DISMISSED as
moot.
IT IS SO ORDERED.
DATED this 14th day of February 2025.
s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (He / Him)
United States District Judge
2 - ORDER OF DISMISSAL