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RICHARD LONDON v. R.J. SUBIA

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


November 30, 2010

RICHARD LONDON,
PETITIONER,
v.
R.J. SUBIA, ET AL.,
RESPONDENTS.

The opinion of the court was delivered by: Honorable Lawrence K. Karlton

DAVID M. PORTER, Bar #127024 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Telecopier:(916) 498-5710 Attorney for Petitioner RICHARD LONDON

ORDER GRANTING CERTIFICATE OF APPEALABILITY

Under authority of Title 28, United States Code section 2253(c), and Federal Rule of Appellate Procedure 22(b)(1), the Court hereby certifies that there is cause for an appeal in the above-entitled case. Accordingly, a certificate of appealability is hereby granted as to the issue of whether the district court erred in limiting federal habeas relief to ordering a new suitability hearing rather than the calculation of Mr. London's release date.

IT IS SO ORDERED.

20101130

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