UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
November 27, 2012
TYRONE WAYLAND MILES, PETITIONER,
MICHAEL MARTEL, ACTING WARDEN OF MULE CREEK STATE PRISON,
The opinion of the court was delivered by: Jeremy Fogel United States District Judge
[PROPOSED] ORDER GRANTING WRIT OF HABEAS CORPUS
Being in receipt of the Ninth Circuit's November 21, 2012 order withdrawing its that a writ of habeas corpus be granted having no objection and stating no legal cause why such order should not issue, the Court hereby ORDERS:
September 28, 2012 opinion and directing the granting of a writ of habeas corpus, and the parties
1. The petition for writ of habeas corpus is GRANTED;
2. The Warden at the California Correctional Institution at Tehachapi,
California, shall RELEASE petitioner TYRONE MILES from state
to Emily Galvin, counsel for Petitioner, as soon as possible, but no
later than 48 hours from the entry of judgment;
3. The Warden at the California Correctional Institution at Tehachapi, California, shall be in compliance with this Order if Petitioner is released on Thursday, November 29, 2012; and
4. The Clerk is directed forthwith to enter judgment pursuant to this order.
IT IS SO ORDERED.
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