(HC) Fordjour v. Jordan, et al., No. 1:2009cv00060 - Document 21 (E.D. Cal. 2010)

Court Description: ORDER VACATING Findings and Recommendations Dated June 8, 2009 10 , signed by Magistrate Judge Dennis L. Beck on 4/1/10. (Hellings, J)

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(HC) Fordjour v. Jordan, et al. Doc. 21 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CHARLES FORDJOUR, 10 Petitioner, 11 v. 12 13 KINGS COURNTY SHERIFF CHRIS JORDAN, et al., 14 Respondents. 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-00060 OWW YNP [DLB] (HC) ORDER VACATING FINDINGS AND RECOMMENDATION DATED JUNE 8, 2009. 16 17 18 19 20 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Findings and Recommendation (F&R) on June 8, 2009, that 21 recommended the petition be dismissed. (Doc. #10.) Petitioner filed objections to the F&R on July 22 13, 2009. (Doc. #13.) This Court issued an order adopting the F&R on September 21, 2009. (Doc. 23 #14.) However, the appellate court vacated the order and remanded the matter back to the district 24 court for consideration of Petitioner’s objections and a new order regarding the Magistrate Judge’s 25 F&R. (Doc. #19.) 26 After considering Petitioner’s objections to the F&R, claiming that the Court misunderstood 27 the grounds alleged in the petition, the Court hereby VACATES the June 8, 2009, F&R and will 28 issue new findings and recommendations to the District Court Judge in line with the grounds claimed U .S. D istrict C ourt E. D . C alifornia 1 Dockets.Justia.com 1 in the petition for writ of habeas corpus. 2 3 Accordingly, it is HEREBY ORDERED that the Findings and Recommendation issued June 8, 2010 (Doc. #10) are VACATED. 4 5 IT IS SO ORDERED. 6 Dated: 0ce24h April 1, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia 2

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