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Alonzo Deon Johnson v. Claude E. Finn

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


August 31, 2012

ALONZO DEON JOHNSON,
PETITIONER,
v.
CLAUDE E. FINN, WARDEN,
RESPONDENT.
DARRYL THOMPSON,
PETITIONER,
v.
TOM L. CAREY, WARDEN,
RESPONDENT.

The opinion of the court was delivered by: Honorable John A. Mendez United States District Court Judge

STIPULATION REGARDING NINTH CIRCUIT REMAND; ORDER STIPULATION REGARDING NINTH CIRCUIT REMAND; ORDER

Petitioners, ALONZO DEON JOHNSON and DARRYL THOMPSON, by and through their counsel, Assistant Federal Defender David M. Porter, and Respondents, CLAUDE E. FINN and TOM L. CAREY, by and through their counsel, Deputy Attorney General R. Todd Marshall, hereby agree and stipulate as follows:

(1) WHEREAS the Ninth Circuit Court of Appeals vacated this Court's order of March 23, 2010 denying the petitions for writ of habeas corpus, Johnson v. Finn, 665 F.3d 1063, 1076 (9th Cir. 2011); and,

(2) Respondents filed a notice of decision not to file a petition for writ of certiorari and the Ninth Circuit's mandate was spread upon this Court's docket on July 27, 2012;

(3) IT IS HEREBY STIPULATED that the Court should enter the order lodged herewith granting the petitions for writ of habeas corpus. Dated: August ___, 2012 Respectfully submitted, EDMUND G. BROWN, Jr. DANIEL J. BRODERICK Attorney General Federal Defender

/s/ /s/ David M. Porter R. TODD MARSHALL DAVID M. PORTER Deputy Attorney General Assistant Federal Defender Attorney for Respondents Attorney for Petitioners CLAUDE E. FINN and ALONZO DION JOHNSON and TOM L. CAREY DARRYL THOMPSON DANIEL J. BRODERICK, Bar #89424 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Petitioners ALONZO DEON JOHNSON and DARRYL THOMPSON

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

ALONZO DEON JOHNSON, ) Petitioner, ) ORDER v. )) CLAUDE E. FINN, Warden, )) Respondent. )) DARRYL THOMPSON, ) Petitioner, ) ORDER v. )) TOM L. CAREY, Warden, )) Respondent. )

No. Civ. S 03-2063 JAM JFM P No. Civ. S 04-2208 JAM JFM P

ORDER

Pursuant to the decision of the Ninth Circuit Court of Appeals, Johnson v. Finn, 665 F.3d 1063 (2011), the stipulated request of the parties, and good cause appearing therefor, the Court:

(1) VACATES the order denying the petitions for writ of habeas corpus filed March 23, 2009, and the judgment entered the same day;

(2) ADOPTS in full the magistrate judge's findings and recommendations filed August 19, 2009;

(3) GRANTS the petitions for a writ of habeas corpus based on petitioners' claims under Batson v. Kentucky, 476 U.S. 79 (1986), with respect to prospective juror Mr. Jones; and,

(4) DIRECTS the State to vacate petitioners' convictions and respondents to release petitioners from custody unless proceedings in the state court leading to retrial are commenced within sixty days from the date of this order.

John A. Mendez

20120831

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