FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MATTHEW CATE,  Petitioner, v. UNITED STATES DISTRICT  COURT FOR THE NORTHERN No. 10-72977 DISTRICT OF CALIFORNIA, SAN JOSE, ORDER Respondent, MICHAEL ANGELO MORALES and ALBERT GREENWOOD BROWN, Real Parties in Interest.  Filed September 29, 2010

Before: Andrew J. Kleinfeld, M. Margaret McKeown, and Raymond C. Fisher, Circuit Judges.

ORDER

The State’s Motion for Voluntary Dismissal of Petition for Writ of Mandamus is granted.

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