UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 13, 2011
ROBERT J. HERNANDEZ,
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER DENYING THE PETITION
FOR WRIT OF HABEAS CORPUS ) [doc. #1]; and DIRECTING ENTRY OF
Petitioner Robert Mendoza filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. On April 29, 2008, the Court granted the petition. Respondent appealed the Order.
The Supreme Court addressed the issue raised in petitioner's petition in Swarthout v. Cooke, 131 S. Ct. 859 (2011). The Ninth Circuit, in reviewing the present case, noted that this court did not have the benefit of the Swarthout case or a subsequent Ninth Circuit case, Pearson v. Muntz, 2011 WL 1238007 (9th Cir. 2011), which compel the denial of Mendoza's petition. Accordingly, the Ninth Circuit reversed the decision of this court. The mandate from the Ninth Circuit was filed on June 8, 2011.
Based on the foregoing, IT IS ORDERED denying the petition for writ of habeas corpus [doc. #1]. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment in accordance with this Order.
IT IS SO ORDERED.
COPY TO: HON. NITA L. STORMES UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL
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