Chatman v. Evans

Filing 55

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/12/15 ordering this court's 12/12/14 order is hereby vacated. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY A. CHATMAN,

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Petitioner,

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No. 2:10-cv-0264 KJM CKD P

v.

ORDER

M. S. EVANS,

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Respondent.

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On November 26, 2014, the United States Court of Appeals for the Ninth Circuit reversed

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the January 19, 2012 judgment of dismissal in this pro se prisoner action and remanded “to allow

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Chatman to file his § 2254 petition.” (ECF No. 53 at 4.) On December 9, 2014, Appellee Rick

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Hill filed a petition for rehearing en banc of petitioner’s appeal, Chatman v. Hill, Case No. 12-

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15461 (9th Cir.). In light of this development, and pending issuance of a writ of mandate from

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the Ninth Circuit, the undersigned will vacate its order directing petitioner to take further steps in

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this action.

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Accordingly, this court’s December 12, 2014 order is hereby VACATED.
Dated: January 12, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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