Bennett v. Cates

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/10/2010 ORDERING that the 9 order and 10 judgment are VACATED; ptnr's 13 notice of appeal is deemed WITHDRAWN; the case to proceed on the 6/16/2010 order. (Yin, 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 vs. MATHEW CATES, Warden, Respondent. / Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. See 28 U.S.C. 2254. Due purely to clerical error, the court issued an order on July 20, 2010 dismissing the petition without leave to amend. Judgment was entered pursuant to that order on the same day, and petitioner filed a notice of appeal on August 4, 2010. Because the order issued on July 20, 2010 was issued in error, that order and the judgment (Docket Nos. 9 and 10) are hereby VACATED, and petitioner's notice of appeal (Docket No. 13) is deemed withdrawn. The case shall proceed as provided in the order of June 16, 2010. Dated: August 10, 2010. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT BENNETT, Petitioner, No. CIV S-09-1992 EFB P

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