Pimental v. Montgomery

Filing 29

ORDER Vacating Judgment. The Court vacates the judgment (Dkt. 26 ) and the order adopting the R&R (Dkt. 25 ). Case reopened. Signed by Judge Larry Alan Burns on 3/9/2018.(All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WILLIAM PIMENTAL,

CASE NO. 16cv2212-LAB (DHB)

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Petitioner,

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ORDER VACATING JUDGMENT

vs.
WARREN L. MONTGOMERY, Warden,

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Res ondent.

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William Pimental's objections to Judge Porter's Report and Recommendation were

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due February 16, 2018. They were docketed on March 2. But Pimental turned them over to

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prison staff on February 15. "Under the 'mailbox rule,' a pro se prisoner's filing of a state

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habeas petition is deemed filed at the moment the prisoner delivers it to prison authorities

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for forwarding to the clerk of the court." Stillman v. LaMarque, 319 F.3d 1199, 1201 (9th Cir.

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2003). Pimental filed his objections on time. Accordingly, the Court vacates the judgment

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[Dkt. 26] and the order adopting the R&R [Dkt. 25], and will issue a new order after carefully

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reviewing Pimental's objections.

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IT IS SO ORDERED.

Dated :
HONORABLE LARRY ALAN BURNS

United States District Judge