Mendoza v. Hernandez

Filing 40

ORDER Denying the petition for writ of habeas corpus, and directing entry of judgment. Signed by Judge M. James Lorenz on 6/13/2011.(mtb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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11 ROBERT MENDOZA,
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Petitioner,

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14 ROBERT J. HERNANDEZ,
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Respondent.

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Civil No. 05-CV-1938-L(NLS)
ORDER DENYING THE PETITION
FOR WRIT OF HABEAS CORPUS
[doc. #1]; and DIRECTING ENTRY
OF JUDGMENT

Petitioner Robert Mendoza filed a petition for writ of habeas corpus under 28 U.S.C. §

18 2254. On April 29, 2008, the Court granted the petition. Respondent appealed the Order.
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The Supreme Court addressed the issue raised in petitioner’s petition in Swarthout v.

20 Cooke, 131 S. Ct. 859 (2011). The Ninth Circuit, in reviewing the present case, noted that this
21 court did not have the benefit of the Swarthout case or a subsequent Ninth Circuit case, Pearson
22 v. Muntz, 2011 WL 1238007 (9th Cir. 2011), which compel the denial of Mendoza’s petition.
23 Accordingly, the Ninth Circuit reversed the decision of this court. The mandate from the Ninth
24 Circuit was filed on June 8, 2011.
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05cv1938

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Based on the foregoing, IT IS ORDERED denying the petition for writ of habeas corpus

2 [doc. #1]. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment in
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IT IS SO ORDERED.

5 DATED: June 13, 2011
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M. James Lorenz
United States District Court Judge

8 COPY TO:
9 HON. NITA L. STORMES
UNITED STATES MAGISTRATE JUDGE
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11 ALL PARTIES/COUNSEL
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05cv1938