Arciga v. Frauenheim

Filing 84

ORDER vacating the Court's 11/21/22 ORDER granting Habeas Relief and dismissing Habeas Petition signed by District Judge Dale A. Drozd on 5/16/2023. (Lundstrom, T)

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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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v.

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

SCOTT FRAUENHEIM, Warden,
Respondent.

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ORDER VACATING THE COURT’S
NOVEMBER 21, 2022 ORDER GRANTING
HABEAS RELIEF AND DISMISSING
HABEAS PETITION

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This matter is before the court on remand from the Ninth Circuit. On April 17, 2023, the

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Ninth Circuit issued an order dismissing respondent’s appeal of this court’s November 21, 2022

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order granting petitioner Mario Arciga’s petition for federal habeas relief (Doc. No. 68) and

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remanding this case to this court with instructions to vacate the November 21, 2022 order and

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dismiss Arciga’s petition. (Doc. No. 78.) Specifically, the Ninth Circuit explained that “[t]his

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vacatur should not be read as expressing an opinion on the merits of the district court’s orders,”

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but rather, this case simply became moot during the pendency of the appeal because the state

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court vacated petitioner’s original conviction.1 (Id. at 4–5.) On May 9, 2023, the Ninth Circuit

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issued its mandate. (Doc. No. 83.)

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The docket in the appeal reflects that petitioner was re-tried and convicted, and he was
sentenced on March 14, 2023. See Appellant’s Citation of Suppl. Auth., Doc. No. 30, Arciga v.
Frauenheim (9th Cir. Mar. 15, 2023).
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Pursuant to the Ninth Circuit’s instructions on remand, this court hereby orders that its

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November 21, 2022 order granting federal habeas relief (Doc No. 68) is vacated, and petitioner’s

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federal habeas petition (Doc. No. 1) is dismissed.

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IT IS SO ORDERED.

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Dated:

May 16, 2023
UNITED STATES DISTRICT JUDGE

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