Unpublished Disposition, 889 F.2d 1094 (9th Cir. 1987)

MEMORANDUM^** 

Appellant Carr timely appeals the district court's order granting appellee's motion for summary judgment in this 42 U.S.C. § 1983 action. We review the district court's grant of summary judgment de novo. We affirm.

* Carr alleges that the district court erred in granting summary judgment against him because a genuine issue of material fact remained as to whether Manfred Maass ("Maass"), the Superintendent of the Oregon State Penitentiary, received proper notice of the Oregon Supreme Court's judgment reversing Carr's conviction before he released Carr to the custody of the Multnomah County Court on February 12, 1987. The rule for prisoners release appears in Or.Rev.Stat. Sec. 137.310(1) which provides that " [w]hen a judgment has been pronounced, a certified copy of the entry thereof in the register shall be forthwith furnished by the clerk to the officer whose duty it is to execute the judgment; and no other warrant or authority is necessary to justify or require its execution." The Oregon Supreme Court's judgment reversing Carr's conviction and remanding for a new trial was entered on November 7, 1986.

While Maass received correspondence relating to this judgment prior to releasing Carr, Maass did not receive a certified copy of the judgment, as required by the Oregon statute, until February 12, 1987. Carr was released to the custody of the County immediately after Maass received the certified copy of the judgment on February 12, 1987. Because Carr has failed to raise a genuine issue of material fact, the order of the district court granting appellee's motion for summary judgment is hereby

AFFIRMED.