TYRONE MILES V. MICHAEL MARTEL, No. 10-15633 (9th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on September 28, 2012.
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TYRONE W. MILES, Petitioner - Appellant, v. No. 10-15633 D.C. No. 1:08-cv-01002-JF Eastern District of California, Fresno MICHAEL MARTEL, Warden, ORDER Respondent - Appellee. Appeal from the United States District Court for the Eastern District of California Jeremy D. Fogel, District Judge, Presiding Argued and Submitted February 15, 2012 Submission Vacated February 21, 2012 Resubmitted September 28, 2012 San Francisco, California Before: HUG, and PAEZ, Circuit Judges. Having considered the parties stipulation and joint motion to vacate the court s opinion in this case, the court orders the following: 1. The opinion filed on September 28, 2012 and reported at 696 F.3d 889 is withdrawn. 2. This case is ordered remanded to the district court with directions to enter judgment granting a writ of habeas corpus directing that Petitioner Miles be released from custody as soon as possible and no later than 48 hours after entry of the district court s judgment. 3. The filing of this order shall serve as the court s mandate. IT IS SO ORDERED. COUNSEL Michael S. Romano (argued), Mills Legal Clinic, Stanford, CA for petitionerappellant. David Eldridge (argued), Office of the California Attorney General, Sacramento, CA for respondents-appellees.
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