(HC) Doss v. Sisto, No. 2:2008cv02450 - Document 22 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 1/31/2011 VACATING the 17 findings and recommendations. (Yin, K)
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(HC) Doss v. Sisto Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN DOSS, Petitioner, 11 vs. 12 13 No. CIV S-08-2450 MCE DAD P D. K. SISTO, Warden, Respondent. 14 ORDER / 15 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. Therein, petitioner challenged a decision of the California 18 Board of Parole Hearings denying him parole. On December 7, 2010, this court issued findings 19 and recommendations recommending that the petition be granted. In light of the Supreme 20 Court’s recent decision in Swarthout v. Cooke, 562 U.S.___ , 2011 WL 197627 (Jan. 24, 2011) 21 (per curiam), those findings and recommendations will be vacated. 22 ///// 23 ///// 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com Accordingly, IT IS HEREBY ORDERED that the December 7, 2010 findings and 1 2 recommendations are vacated. New findings and recommendations will issue in due course. 3 DATED: January 31, 2011. 4 5 6 7 DAD:8 doss2450.vac 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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