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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 WILLIAM PIMENTAL, CASE NO. 16cv2212-LAB (DHB) 11 Petitioner, 12 13 ORDER VACATING JUDGMENT vs. WARREN L. MONTGOMERY, Warden, 14 Res ondent. 15 William Pimental's objections to Judge Porter's Report and Recommendation were 16 due February 16, 2018. They were docketed on March 2. But Pimental turned them over to 17 prison staff on February 15. "Under the 'mailbox rule,' a pro se prisoner's filing of a state 18 habeas petition is deemed filed at the moment the prisoner delivers it to prison authorities 19 for forwarding to the clerk of the court." Stillman v. LaMarque, 319 F.3d 1199, 1201 (9th Cir. 20 2003). Pimental filed his objections on time. Accordingly, the Court vacates the judgment 21 [Dkt. 26] and the order adopting the R&R [Dkt. 25], and will issue a new order after carefully 22 reviewing Pimental's objections. 23 24 25 26 27 28 IT IS SO ORDERED. Dated : HONORABLE LARRY ALAN BURNS United States District Judge

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