Smith v. Roe, et al

Filing 44

ORDER signed by Judge Edward J. Garcia on 1/31/06 ORDERING Ptnr's conviction is VACATED pursuant to appellate court's judgment filed 1/17/06 41. The application for writ of habeas corpus is GRANTED and Respondent IMMEDIATELY shall release petitioner. (Girgis, C)

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(HC) Smith v. Roe, et al Doc. 44 Case 2:98-cv-01312-EJG-PAN Document 44 Filed 02/01/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. Ernie Roe, Warden, Respondent. -oOoPursuant to the appellate court's judgment filed January 17, 2006, petitioner's conviction is vacated with prejudice, the application for a writ of habeas corpus is granted and respondent immediately shall release petitioner. So ordered. Dated: 1/31/06 /s/ Edward J. Garcia EDWARD J. GARCIA, JUDGE Larance Andy Smith, Petitioner, No. Civ. S 98-1312 EJG PAN P Order United States District Court Eastern District of California

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