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