Prater

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Frank Prater appeals the district court’s dismissal of his petition for habeas corpus brought under 28 U.S.C. § 2254 . Petitioner challenges a determination by the Oregon Board of Parole and Post-Prison Supervision denying him rerelease on parole and imposing a 79-month sanction for violation of parole terms. The district court found that Petitioner had procedurally defaulted on his federal claims by failing to raise them on appeal in his state habeas petition. On December 23, 2005, approximately one month prior to the district court’s entry of judgment on January 30, 2006, 2006 WL 240534 , Petitioner was released on parole. 1 Petitioner remains subject to the jurisdiction of the Board, and the maximum expiration date of his remaining sentence is January 1, 2011.

We conclude that Prater’s appeal became moot prior to the district court’s entry of judgment. The “case or controversy” requirement of Article III, § 2 “ ‘subsists through all stages of federal judicial proceedings, trial and appellate____The parties must continue to have a “personal stake in the outcome”…