(HC) Johnson v. Finn, et al.,, No. 2:2005cv00385 - Document 59 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 09/30/10 vacating 56 FINDINGS AND RECOMMENDATIONS. Upon issuance of a mandate, the undersigned will revisit this matter. (Plummer, M)
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(HC) Johnson v. Finn, et al., Doc. 59 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EVERETT JOHNSON, 11 Petitioner, 12 13 No. CIV S-05-0385 DFL GGH P vs. CLAUDE E. FINN, et. al., 14 ORDER VACATING Respondent. 15 FINDINGS AND RECOMMENDATIONS / 16 On September 14, 2010, the undersigned issued findings and recommendations 17 pursuant to the United States Court of Appeals for the Ninth Circuit’s instruction to the district 18 court to grant petitioner’s writ of habeas corpus. These findings issued on the presumption that 19 the mandate would issue prior to the time for filing objections and reply. (Doc. 56 at 1, n.1.) 20 The objection period having passed, respondent now requests that the undersigned 21 vacate its findings pending issuance of a mandate. Respondent states that, as of September 28, 22 2010, a mandate has not issued; thus, the Court of Appeals has yet to relinquish jurisdiction of 23 this matter. Respondent has also filed a petition for rehearing, making it uncertain when the 24 mandate will issue. 25 26 Good cause having been shown, the undersigned will grant respondent’s request. \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that the September 14, 2010 Findings 2 and Recommendations are vacated. Upon issuance of a mandate, the undersigned will revisit this 3 matter. 4 DATED: September 30, 2010 5 /s/ Gregory G. Hollows 6 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 7 8 9 GGH:0014 john0385.vac 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2