-DAD (HC) Williams v. Sisto et al, No. 2:2008cv02069 - Document 29 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 01/31/11 vacating 24 FINDINGS AND RECOMMENDATIONS. New findings and recommendations will issue in due course. (Plummer, M)

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-DAD (HC) Williams v. Sisto et al Doc. 29 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEPRIEST WILLIAMS, 11 Petitioner, No. CIV S-08-2069 JAM DAD P Respondent ORDER vs. 12 13 D. K. SISTO, 14 / 15 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas 16 17 corpus pursuant to 28 U.S.C. § 2254. Therein, petitioner challenged the Governor’s reversal of 18 the decision by the California Board of Parole Hearings to grant him parole. On December 16, 19 2010, this court issued findings and recommendations which recommended that the petition be 20 granted. In light of the Supreme Court’s recent decision in Swarthout v. Cooke, 562 U.S.___ , 21 2011 WL 197627 (Jan. 24, 2011) (per curiam), those findings and recommendations will be 22 vacated. 23 ///// 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that the December 16, 2010 findings 2 and recommendations are vacated. New findings and recommendations will issue in due course. 3 DATED: January 31, 2011. 4 5 6 7 DAD:8 williams2069.vac2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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