Douglas v. Cambra, et al

Filing 89

ORDER signed by District Judge Kimberly J. Mueller on 6/29/11, ORDERING that respondent's 87 request to reissue condtional writ is GRANTED. The court's 2/7/11 order 78 is hereby VACATED. Petitioner's fifth claim for relief is gra nted to the extent that petitioner's conviction for violation of California Penal Code section 451(b) is vacated if the state court, after 90 days of the entry of this order, declines to re-sentence petitioner under section 451(c).(Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GORDON ANDREW DOUGLAS, Petitioner, 11 12 13 vs. FRANCISCO JACQUEZ, Warden, Respondent. 14 ORDER / 15 On June 16, 2011, respondent filed a request to reissue conditional writ. (ECF 16 17 No. CIV S-97-0775 KJM-JFM (HC) 87.) The court hereby GRANTS respondent’s request and ORDERS: 18 1. The court’s February 7, 2011 order is hereby VACATED. (ECF 78.) 19 2. Petitioner’s fifth claim for relief is granted to the extent that petitioner’s conviction for violation of California Penal Code section 451(b) is vacated if the state court, after ninety (90) days of the entry of this order, declines to re-sentence petitioner under section 451(c). 20 21 22 23 IT IS SO ORDERED. DATED: June 29, 2011. 24 UNITED STATES DISTRICT JUDGE 25 26 1

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