Brookfield v. Yates

Filing 46

ORDER Denying As Moot Petitioner's Motion For Status Report (Doc. 43 ), signed by Magistrate Judge Jennifer L. Thurston on 1/29/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BYRON BROOKFIELD,

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Petitioner,

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v.
JAMES YATES, Warden,

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Respondent.

) Case No.: 1:11-cv-00357-AWI-JLT
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) ORDER DENYING AS MOOT PETITIONER’S
) MOTION FOR STATUS REPORT (Doc. 43)
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Petitioner was a state prisoner proceeding in propria persona with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254.
On December 12, 2013, the Court issued Findings and Recommendations to deny the petition

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on its merits. (Doc. 34). Petitioner appealed this interlocutory order, resulting in a six month delay in

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proceedings until the Ninth Circuit dismissed the appeal and remanded the case to the district court for

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further proceedings. (Doc. 41). On June 11, 2014, the Ninth Circuit issued its mandate, thus returning

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jurisdiction to this Court. (Doc. 42). The following day, Petitioner filed the instant motion for a status

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report. (Doc. 43). On July 22, 2014, the district court adopted the Findings and Recommendations,

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entered judgment, and closed the case. (Doc. 44; 45). Judgment having been entered, Petitioner’s

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motion for a “status report” is moot.

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ORDER

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For the foregoing reasons, it is HEREBY ORDERED that Petitioner’s motion for a status

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report (Doc. 43), is DENIED AS MOOT.

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IT IS SO ORDERED.
Dated:

January 29, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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