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Reynoso v. Hall

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 9, 2010

JULIAN JESUS REYNOSO AND JOHN PAUL REYNOSO PETITIONERS,
v.
JAMES E. HALL AND G.J. GIURBINO, WARDENS, RESPONDENTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER FOLLOWING REVERSAL AND REMAND FROM THE NINTH CIRCUIT COURT OF APPEALS, GRANTING PETITIONS FOR WRIT HABEAS CORPUS, ENTERING JUDGMENT IN FAVOR OF PETITIONERS, AND DIRECTING THE STATE TO RELEASE PETITIONERS FROM CUSTODY UNLESS NEW TRIAL PROCEEDINGS COMMENCE WITHIN SIXTY DAYS FROM ENTRY OF JUDGMENT

Pursuant to the mandate of the United States Court of Appeals for the Ninth Circuit in the case of JULIAN JESUS REYNOSO and JOHN PAUL REYNOSO v. JAMES E. HALL and G.J. GIURBINO, No. 08-15800, the Clerk of the Court shall forthwith enter judgment in favor of Petitioners, who shall be RELEASED from custody if the State does not commence a new trial within sixty (60) days from the entry of judgment.

IT IS SO ORDERED.

20101109

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