Carr v. Daly

Filing 89

ORDER signed by Judge Morrison C. England, Jr on 12/8/11 ORDERING that the stay in this matter be lifted and FURTHER ORDERED the petition DISMISSED. The Clerk of the Court is DIRECTED to close this case. (Meuleman, A)

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DANIEL J. BRODERICK, Bar #89494
Federal Defender
CAROLYN M. WIGGIN, Bar # 182732
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]
Attorney for Petitioner
CHARLES H. CARR, JR.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. CARR, JR.,

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Petitioner,
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v.
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CAROL DALY,
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Respondent.
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_______________________________ )

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No. 2:04-cv-00584-MCE -JFM
STIPULATION TO LIFT STAY AND
FOR VOLUNTARILY DISMISSAL;
ORDER

Petitioner, Charles H. Carr, Jr., by and through counsel, Assistant Federal Defender

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Carolyn M. Wiggin, and Respondent, Carol Daly, by and through counsel, Deputy Attorney

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General Pamela B. Hooley, hereby stipulate to and jointly request that this Court lift the stay

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that is currently in place in this matter.

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Pursuant to Rule 12 of the Rules Governing Section 2254 Proceedings and Rule

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41(a)(1)(a)(ii) of the Federal Rules of Civil Procedure, the parties further stipulate to

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286745

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dismissal of this action. Mr. Carr was found suitable for parole on September 21, 2011, and

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that decision has now become final.

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Respectfully submitted,

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DANIEL BRODERICK
Federal Defender

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Dated: November 17, 2011

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/s/ Carolyn M. Wiggin
CAROLYN M. WIGGIN
Assistant Federal Defender
Attorneys for Petitioner
CHARLES H. CARR

Dated: November 19, 2011

/s/ Charles H. Carr1/
CHARLES H. CARR

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KAMALA D. HARRIS
Attorney General of the State of California

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/s/ Pamela B. Hooley
PAMELA B. HOOLEY
Deputy Attorney General
Attorneys for Respondent
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ORDER

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Pursuant to the parties’ stipulation, and good cause appearing therefor, it is hereby

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ordered that the stay in this matter is lifted. It is further ordered that this petition is dismissed.

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The Clerk of the Court is directed to close this case.

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Dated: November 17, 2011

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IT IS SO ORDERED.
Dated: December 8, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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286745

Original signature on file with defense counsel.
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