FILED SEP 29 2010 FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 10-72977 MATTHEW CATE,

Petitioner, ORDER v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE,

Respondent,

MICHAEL ANGELO MORALES and ALBERT GREENWOOD BROWN,

Real Parties in Interest.

Before: KLEINFELD, McKEOWN, and FISHER, Circuit Judges.

The State's Motion for Voluntary Dismissal of Petition for Writ of

Mandamus is granted.