Lucero v. McDonald

Filing 78

ORDER DIRECTING Clerk of Court to Close Case, signed by District Judge Anthony W. Ishii on 10/4/2022. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALBERT ANDREW LUCERO,

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Case No. 1:10-CV-01714-AWI-SKO-HC

Petitioner,

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE

v.

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KIM HOLLAND, Warden,

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Respondent.

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Petitioner, Albert Andrew Lucero, is a state prisoner proceeding with an application for

18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed his petition for writ of habeas
19 corpus on September 10, 2010, alleging five grounds for habeas relief: (1) improper admission
20 of evidence; (2) violation of Petitioner’s right to confrontation; (3) insufficient evidence; (4)
21 violation of Petitioner’s Due Process Rights; and (5) state law errors.
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On May 15, 2015, the District Court denied the petition and entered judgment for

23 Respondent. Petitioner appealed to the Ninth Circuit Court of Appeals. On August 31, 2018,
24 the Ninth Circuit affirmed in part, reversed in part, and remanded the petition with instructions
25 for this Court to grant Petitioner’s petition for writ of habeas corpus on his claim that his
26 conviction for possession of a shank while in custody (Cal. Penal Code §4502(a)) violated
27 Jackson v. Virginia, 443 U.S. 307 (1979).
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On June 16, 2021, Respondent filed a status report advising the Court that Petitioner had

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1 been resentenced as of February 8, 2021, in accordance with the Court’s order. (Doc. 77.) In
2 support, Respondent has attached a copy of the minute order entered in Stanislaus County
3 Superior Court reflecting that the sentence on count 3 was vacated and Petitioner was resentenced
4 on the other counts. (Doc. 77 at 4.)
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Accordingly, insofar as Petitioner has been granted relief in accordance with the Ninth

6 Circuit’s remand order, the Court hereby DIRECTS the Clerk of Court to close the case.
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IT IS SO ORDERED.

9 Dated: October 4, 2022

SENIOR DISTRICT JUDGE

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