Opinion
No. 11167.
February 4, 1946.
Appeal from the District Court of the United States for the Northern District of California, Southern Division; Michael J. Roche, Judge.
Richard Price, in pro. per.
Frank J. Hennessy, U.S. Atty., and Joseph Karesh, Asst. U.S. Atty., both of San Francisco, Cal., for appellee.
Before GARRECHT and MATHEWS, Circuit Judges.
Upon consideration of the motion of appellee for dismissal of the appeal herein on the ground that the appeal is moot because the appellant is discharged from the custody of the appellee, Warden, and good cause therefor appearing, it is ordered that the appeal in this cause be dismissed, that a judgment be filed and entered accordingly, and that the mandate of this court in this cause issue forthwith.