IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 5, 2012
ALONZO DEON JOHNSON, PETITIONER,
CLAUDE E. FINN, WARDEN, RESPONDENT. DARRYL THOMPSON, PETITIONER,
TOM L. CAREY, WARDEN, RESPONDENT.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
Pursuant to the decision of the Ninth Circuit Court of Appeals, Johnson v. Finn, 665 F.3d 1063 (2011), petitioners' application, and good cause appearing therefor, the Court:
(1) VACATES the orders denying the petitions for writ of habeas corpus filed March 23, 2009, and the judgments entered the same day;*fn1
(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 W.J.; 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 Honorable