(HC) Hamilton v. Hense, No. 2:2009cv01411 - Document 15 (E.D. Cal. 2009)

Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 08/27/09 vacating 11 FINDINGS AND RECOMMENDATIONS. (Plummer, M)

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(HC) Hamilton v. Hense Doc. 15 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JERRY FRED HAMILTON, 10 No. CIV S-09-1411-MCE-CMK-P Petitioner, 11 vs. 12 LYDIA HENSE, 13 ORDER Respondent. 14 15 / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254. On June 25, 2009, the court issued findings and 17 recommendations that this action be summarily dismissed as unexhausted. Good cause 18 appearing therefor, the findings and recommendations are vacated. The court will address 19 petitioner’s petition by separate findings and recommendations issued herewith. 20 IT IS SO ORDERED. 21 22 23 24 DATED: August 27, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 25 26 1 Dockets.Justia.com

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