ORDER
Because the appellant was not and is not in custody, see Miranda v. Reno, 238 F.3d 1156 (9th Cir.2001), the district court’s decision to dismiss his habeas petition for lack of jurisdiction is affirmed. AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.