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Vu v. Kirkland

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 24, 2010

HUNG VIET VU, PETITIONER,
v.
RICHARD KIRKLAND, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

By order filed January 7, 2010, the Court of Appeals vacated this court's dismissal of petitioner's amended petition for writ of habeas corpus, and remanded this action for further consideration. The Court of Appeals directs this court to exercise its informed discretion whether to accept the amended petition nunc pro tunc to a timely date due to the "clear error"*fn1 of the magistrate judge in not immediately ordering dismissal of the petition with leave to amend.

Accordingly, petitioner is hereby directed to file, within fourteen days of the filing date of this order, a memorandum addressing how the court should exercise its discretion, and the reasons which favor such a course of action. There shall be no extensions of time whatsoever. Respondent may file a responding memorandum within seven days after the filing of petitioner's memorandum.

The determination of how to exercise discretion will be made by the district judge assigned to this case.

IT IS SO ORDERED.


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