Bugarin-Juarez

MEMORANDUM ***

Antonio Bugarin-Juarez (“Bugarin”) appeals from the district court’s denial of his *774 motion for a preliminary injunction, filed concurrently with a petition for habeas corpus, that sought to preclude the United States Bureau of Prisons (“BOP”) from transferring him from the community correctional facility where he was serving his 12 month sentence to a federal penal facility. 1 On June 10, 2003 the respondentsappellees moved to dismiss the appeal as moot because, pursuant to 18 U.S.C. § 3624 (c), the BOP no longer sought to transfer Bugarin, who was serving the final 10% of his sentence, to a federal jail or prison.

On July 3, 2003, while that motion and this appeal were pending, Bugarin was in fact discharged from BOP custody. Because Bugarin has been released and can no longer be subject to the BOP’s assignment policies, his claim for injunctive relief is now moot (Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir.1995)).

None of the exceptions to mootness on which Bugarin seeks to rely is applicable here. As explained in Spencer v. Kemna, 523 U.S. 1, 17 , 118 S.Ct. 978 , 140 L.Ed.2d 43 (1998)(internal quotation marks and citations omitted, and emphasis added), a…