Lo v. Kane

Filing 74

ORDER signed by Chief Judge Morrison C. England, Jr., on 2/25/15 ORDERING that since the state court conviction has been vacated, and given Petitioner's affirmative statement of non-opposition, the Petition in this case is hereby DISMISSED as moot, and the Clerk is directed to close this case. CASE CLOSED(Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAO LO, 12 Petitioner, 13 14 No. 2:05-cv-01754-MCE-AC v. ORDER A.P. KANE, 15 Respondent. 16 On January 26, 2015, the parties to this action filed a Joint Status Report advising 17 18 the Court that, among other things, the state court conviction underlying the instant 19 Petition had been vacated. ECF No. 71. The Court subsequently issued an Order to 20 Show Cause (“OSC”) requiring Petitioner to explain why his Petition should not be 21 dismissed as moot. ECF No. 72. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 Presently before the Court is Petitioner’s response to the OSC, which he filed as a 2 “Notice of Non-Opposition to Dismissal (as Moot).” ECF No. 73. Since the state court 3 conviction has been vacated, and given Petitioner’s affirmative statement of non- 4 opposition, the Petition in this case is hereby DISMISSED as moot, and the Clerk of the 5 Court is directed to close this case. 6 IT IS SO ORDERED. 7 Dated: February 25, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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