Billy Coy Cochran v. James Tilton

Filing 67

ORDER DIRECTING the Clerk of the Court to Serve the Court's Order Granting In Part and Denying In Part Petitioner's Petition for Writ of Habeas Corpus on the The Fresno County Superior Court and the Fresno County District Attorney's Of fice and Order DENYING AS MOOT 63 Motion to Enforce the Judgment, signed by Chief Judge Anthony W. Ishii on 11/07/2011. (The order, dated January 25, 2010, will be forwarded to Fresno County Superior Court and the Fresno County District Attorney's Office as directed in this order) (Martin-Gill, S)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 ) ) ) Petitioner, ) ) v. ) ) ) MATTHEW KRAMER, Warden, ) ) ) Respondent. ) ) ____________________________________) BILLY COY COCHRAN, 1: 06-CV-0909 CRB ORDER DIRECTING THE CLERK OF THE COURT TO SERVE THE COURT’S ORDER GRANTING IN PART AND DENYING IN PARTY PETITIONER’S PETITION FOR WRIT OF HABEAS CORPUS ON THE FRESNO COUNTY SUPERIOR COURT AND THE FRESNO COUNTY DISTRICT ATTORNEY’S OFFICE AND ORDER DENYING MOTION TO ENFORCE THE JUDGMENT AS MOOT (Document #63) 17 18 On January 25, 2010, United States District Judge Charles R. Breyer, Visting District 19 Court Judge, issued an order granting in part and denying in part Petitioner’s petition for writ of 20 habeas corpus. On July 23, 2010, Petitioner filed a motion to enforce the judgment. 21 The undersigned as conducted a administrative review of the docket in this action. The 22 court’s records reveal that Judge Breyer’s order was neither served on the Fresno County 23 Superior Court nor the Fresno County District Attorney’s Office. It appears that this 24 administrative error caused the Superior Court to never address the January 25, 2010 order. 25 Accordingly, the court ORDERS that: 26 1. The Clerk of the Court is DIRECTED to serve the January 25, 2010 order on the 27 Fresno County Superior Court and the Fresno County District Attorney’s Office; 28 1 2 and 2. 3 4 In light of the court’s service on the Fresno County Superior Court, Petitioner’s motion to enforce the judgment is DENIED as moot. IT IS SO ORDERED. 5 6 Dated: 0m8i78 November 7, 2011 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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