Luna v. Lamarque

Filing 41

JUDGMENT, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 11/16/10. (lrc, COURT STAFF) (Filed on 11/18/2010)

Luna v. Lamarque

Doc. 41

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSE LUIS LUNA,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) v. ) ) ANTHONY LAMARQUE, Warden, ) ) Respondent. ) __________________________________________) No. C 02-4045 SBA (PR) JUDGMENT

For the reasons set forth in this Court's Order signed today and pursuant to the Ninth Circuit's mandate dated November 8, 2010, Petitioner is DENIED habeas corpus relief as to one count of a lewd act on a minor; however, he is GRANTED habeas corpus relief as to the remaining counts. No later than sixty (60) days from the date of this Order, the State shall release Petitioner because the eight-year sentence for one count of a lewd act on a minor has been fully served, or it may elect to commence proceedings as to the remaining counts. No later than seventy (70) days from the date of this Order, the State is directed to file a report informing this Court whether Petitioner has been released, or whether state court proceedings have commenced on the remaining counts. IT IS SO ORDERED. DATED:11/16/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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