Tyrone W. Miles v. MICHAEL MARTEL, Warden

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TYRONE W. MILES,
Petitioner - Appellant,
v.
MICHAEL MARTEL, Warden,
Respondent - Appellee.
No. 10-15633
D.C. No.
1:08-cv-01002-JF
Eastern District of
California, Fresno
ORDER
Appeal from the United States District Court
for the Eastern District of California
Jeremy D. Fogel, District Judge, Presiding
Argued and Submitted
February 15, 2012–San Francisco, California
Submission Vacated February 21, 2012
Resubmitted September 28, 2012
Filed November 21, 2012
Before: Proctor Hug, and Richard A. Paez, Circuit Judges.

-- 1 of 2 --

MILES V. MARTEL 2
COUNSEL
Michael S. Romano (argued), Mills Legal Clinic, Stanford,
California for Petitioner-Appellant.
David Eldridge (argued), Office of the California Attorney
General, Sacramento, California for Respondent-Appellee.
ORDER
Having considered the parties’ stipulation and joint
motion to vacate the court’s opinion in this case, the court
orders the following:
1. The opinion filed on September 28, 2012 and reported
at 696 F.3d 889 is withdrawn.
2. This case is ordered remanded to the district court
with directions to enter judgment granting a writ of
habeas corpus directing that Petitioner Miles be
released from custody as soon as possible and no later
than 48 hours after entry of the district court’s
judgment.
3. The filing of this order shall serve as the court’s
mandate.
IT IS SO ORDERED.

-- 2 of 2 --