Dow v. Carey

Filing 41

ORDER GRANTING PETITION. Signed by Judge Phyllis J. Hamilton on 10/18/13. (nah, COURT STAFF) (Filed on 10/18/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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LaCARL MARTEZ DOW,
Petitioner,

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vs.

ORDER GRANTING
PETITION

TOM L. CAREY, Warden,
Respondent.

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For the Northern District of California

United States District Court

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No. C 06-1219 PJH (PR)

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The Ninth Circuit reversed and remanded this habeas petition with directions to

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issue a writ unless the state retries petitioner within a reasonable period. The mandate was

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issued on October 7, 2013.

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Therefore, the petition for writ of habeas corpus is GRANTED. Respondent shall

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release petitioner unless the state commences proceedings to retry him within one hundred

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and twenty (120) days of this order.

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The Clerk shall serve this order upon petitioner’s counsel of record, respondent, the

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San Mateo County Public Defender’s Office and the San Mateo County District Attorney’s

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Office.

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IT IS SO ORDERED.
Dated: October 18, 2013.
PHYLLIS J. HAMILTON
United States District Judge

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