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Lunbery v. Hornbeak

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


July 19, 2010

KRISTI LYN LUNBERY, PETITIONER,
v.
TINA HORNBEAK, ET AL., RESPONDENTS.

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

ORDER

On November 10, 2008, the court denied petitioner's application for writ of habeas corpus. Petitioner appealed and on July 12, 2010, the Ninth Circuit Court of Appeals issued a Mandate that the judgment of the district court be reversed and the case remanded. Docs. 38, 39.

Respondent is directed, within forty-five days, to commence legal proceedings in state court leading to either a plea, new trial or other resolution for petitioner. If no proceedings are commenced within forty-five days petitioner shall be released.

Accordingly, IT IS HEREBY ORDERED that:

1. Respondent is directed, within forty-five days, to commence legal proceedings leading to either a plea, new trial, or other resolution for petitioner;

2. If no proceedings are commenced within forty-five days petitioner shall be released.


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