(HC) Hansen v. Martel, No. 2:2009cv02646 - Document 18 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 1/31/11 VACATING 14 FINDINGS AND RECOMMENDATIONS. (Dillon, M)
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(HC) Hansen v. Martel Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HANSEN, Petitioner, ORDER vs. 12 13 No. CIV S-09-2646 GEB DAD P Respondent 11 M. MARTEL, 14 / 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 30, 2010, this court issued findings 19 and recommendations which recommended 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 30, 2010 findings 1 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 hansen2646.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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