The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
DANIEL J. BRODERICK, Bar #89494 Federal Defender CAROLYN M. WIGGIN, Bar # 182732 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Petitioner CHARLES H. CARR, JR.
STIPULATION TO LIFT STAY AND FOR VOLUNTARILY DISMISSAL;
Petitioner, Charles H. Carr, Jr., by and through counsel, Assistant Federal Defender Carolyn M. Wiggin, and Respondent, Bob Horel, by and through counsel, Deputy Attorney General Pamela B. Hooley, hereby stipulate to and jointly request that this Court lift the stay is currently in place in this matter.
Pursuant to Rule 12 of the Rules Governing Section 2254 Proceedings and Rule 41(a)(1)(a)(ii) of the Federal Rules of Civil Procedure, the parties further stipulate to dismissal of this action. Mr. Carr was found suitable for parole on September 21, 2011, and decision has now become final.
ORDER Pursuant to the parties' stipulation, and good cause appearing therefor, it is hereby ordered that the stay in this matter is lifted. It is further ordered that this petition is dismissed.
Clerk of the Court is directed to dismiss this case.
1. Original signature on file with defense counsel.
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