Johnson v. Wolfenbarger

Filing 16

ORDER Setting Aside 10 Opinion & Order, and 11 Judgment, and Denying 1 Petition for Writ of Habeas Corpus filed by Christopher Johnson. Signed by District Judge Denise Page Hood. (NHol)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTOPHER JOHNSON, Petitioner, Case No. 06-CV-14010 v. HONORABLE DENISE PAGE HOOD HUGH WOLFENBARGER, Respondent. ________________________________________/ ORDER SETTING ASIDE JUDGMENT AND ORDER ISSUED ON JUNE 29, 2009 AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS On September 10, 2010, the United States Court of Appeals for the Sixth Circuit issued a mandate in the case, Johnson v. Wolfenbarger, Case No. 09-1895 (6th Cir. Sept. 10, 2010). In an August 17, 2010 Opinion, the Sixth Circuit reversed this Court's June 29, 2009 Judgment and Order granting habeas relief. On remand, the Sixth Circuit instructed the Court to enter an order denying the petition for writ of habeas corpus. Johnson v. Wolfenbarger, Case No. 09-1895 (6th Cir. Aug. 17, 2010)(unpublished opinion). Accordingly, IT IS ORDERED that the June 29, 2009 Judgment [Doc. No. 11] and Opinion and Order [Doc. No. 10] are SET ASIDE. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus [Doc. No. 1] is DENIED.

S/Denise Page Hood Denise Page Hood United States District Judge Dated: September 15, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record on September 15, 2010, by electronic and/or ordinary mail. S/William F. Lewis Case Manager

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