Arciga v. Frauenheim

Filing 82

ORDER Vacating the Court's April 18, 2023 Order and Judgment signed by District Judge Dale A. Drozd on 04/20/2023.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO ARCIGA,
Petitioner,

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No. 1:15-cv-01372-DAD-CDB (HC)

v.
SCOTT FRAUENHEIM, Warden,

ORDER VACATING THE COURT’S APRIL
18, 2023 ORDER AND JUDGMENT

Respondent.

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On April 17, 2023, the Ninth Circuit remanded this action with instructions to vacate the

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court’s November 21, 2022 order and dismiss petitioner Mario Arciga’s petition for federal

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habeas relief. (Doc. No. 79.) On April 18, 2023, the court issued an order pursuant to the Ninth

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Circuit’s instructions on remand. (Doc. No. 79.) That order was issued in error, however,

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because the Ninth Circuit has not yet issued its mandate. Accordingly, the court hereby vacates

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its April 18, 2023 order and the judgment that was entered in accordance with that order. (Doc.

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Nos. 79, 80.)

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The Clerk of the Court is directed to update the docket to reflect that the order and

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judgment entered on April 18, 2023 (Doc. Nos. 79, 80) have been vacated.

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IT IS SO ORDERED.

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Dated:

April 20, 2023
UNITED STATES DISTRICT JUDGE

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