Torres-Sainz v. Benov
ORDER Directing Respondent to Submit Proposed Order in Compliance With Appellate Court Order of Remand Within Thirty (30) Days signed by Magistrate Judge Sheila K. Oberto on 4/12/2017. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 1:13-cv-00896-LJO-SKO HC
ORDER DIRECTING RESPONDENT
TO SUBMIT PROPOSED ORDER IN
COMPLIANCE WITH APPELLATE
COURT ORDER OF REMAND
On August 5, 2015, Petitioner Mariano Torres-Sainz filed a notice of appeal in the U.S.
Court of Appeals for the Ninth Circuit concerning this Court’s denial of his petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Thereafter, Respondent provided Petitioner a new
administrative hearing in which the good conduct time that was the subject of the petition was
restored. Accordingly, Respondent moved for remand to this Court. On March 15, 2017, the
Ninth Circuit Court remanded the case with directions to augment the record with the Declaration
of DHO Richard Devereaux and to determine whether it shall retain further jurisdiction over the
case. See Torres-Sainz v. Apker, Docs. 11 and 13 (Case No. 15-16564).
The Ninth Circuit’s having remanded the case to the District Court and the Clerk of Court
having reopened the case on the District Court docket, Respondent is hereby DIRECTED to
submit, within thirty (30) days of this order, a proposed order in compliance with the terms of the
Ninth Circuit order of remand.
IT IS SO ORDERED.
April 12, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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