(HC) Burnett v. Castro, et al

Filing 127

ORDER signed by Circuit Judge Milan D. Smith, Jr. on 4/7/2010 ORDERING that the court's 124 order and 125 judgment, are VACATED. The Clerk is directed to reopen the case. (Engbretson, K.)

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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 27 28 vs . IN THE UNITED STATES DISTRICT COURT FO R THE EASTERN DISTRICT OF CALIFORNIA C a rlo s R. Burnett, P e titio ne r, N o . 2:01-cv-00481-MDS O R D ER K e n Clark, Warden, Respondent. / S inc e the files provided to the court did not contain the latest version of the p a rtie s ' briefs, the court's order filed on March 30, 2010 reflects the fact that the c o urt did not know of, and accordingly did not address, the grounds for relief raised b y Petitioner in his First Amended Petition for Writ of Habeas Corpus. Accordingly, it is hereby ORDERED that the court's order and judgment, both filed o n March 30, 2010, are VACATED. The Clerk is directed to reopen the case. D A T E D : April 7, 2010 /s / Milan D. Smith, Jr. UNITED STATES CIRCUIT JUDGE S itting by Designation

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