Opinion
No. 10–15633.
2012-11-21
Tyrone W. MILES, Petitioner–Appellant, v. Michael MARTEL, Warden, Respondent–Appellee.
Michael S. Romano (argued), Mills Legal Clinic, Stanford, CA, for petitioner-appellant. David Eldridge (argued), Office of the California Attorney General, Sacramento, CA, for respondents-appellees.
Michael S. Romano (argued), Mills Legal Clinic, Stanford, CA, for petitioner-appellant. David Eldridge (argued), Office of the California Attorney General, Sacramento, CA, for respondents-appellees.
Appeal from the United States District Court for the Eastern District of California, Jeremy D. Fogel, District Judge, Presiding. D.C. No. 1:08–cv–01002–JF.
Before: HUG, and PAEZ, Circuit Judges.
ORDER
Having considered the parties' stipulation and joint motion to vacate the court's opinion in this case, the court orders the following:
1. The opinion filed on September 28, 2012 and reported at 696 F.3d 889 is withdrawn.
2. This case is ordered remanded to the district court with directions to enter judgment granting a writ of habeas corpus directing that Petitioner Miles be released from custody as soon as possible and no later than 48 hours after entry of the district court's judgment.
3. The filing of this order shall serve as the court's mandate.