Fordjour v. Jordan, et al.

Filing 21

ORDER VACATING Findings and Recommendations Dated June 8, 2009 10 , signed by Magistrate Judge Dennis L. Beck on 4/1/10. (Hellings, J)

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UNITED STATES DISTRICT COURT

CHARLES FORDJOUR, Petitioner,

KINGS COURNTY SHERIFF CHRIS JORDAN, et al.,

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1:09-cv-00060 OWW YNP [DLB] (HC)

ORDER VACATING FINDINGS AND RECOMMENDATION DATED JUNE 8, 2009.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Findings and Recommendation (F&R) on June 8, 2009, that recommended the petition be dismissed. (Doc. #10.) Petitioner filed objections to the F&R on July 13, 2009. (Doc. #13.) This Court issued an order adopting the F&R on September 21, 2009. (Doc. #14.) However, the appellate court vacated the order and remanded the matter back to the district court for consideration of Petitioner's objections and a new order regarding the Magistrate Judge's F&R. (Doc. #19.) After considering Petitioner's objections to the F&R, claiming that the Court misunderstood the grounds alleged in the petition, the Court hereby VACATES the June 8, 2009, F&R and will issue new findings and recommendations to the District Court Judge in line with the grounds claimed

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in the petition for writ of habeas corpus. Accordingly, it is HEREBY ORDERED that the Findings and Recommendation issued June 8, 2010 (Doc. #10) are VACATED.

IT IS SO ORDERED. Dated: 0ce24h

April 1, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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