Tyrone Miles v. Michael Martel

U.S. Court of Appeals for the Ninth Circuit November 21, 2012

Tyrone Miles v. Michael Martel, 704 F.3d 1010 (9th Cir. 2012)

2012 WL 5896794; 2012 U.S. App. LEXIS 24084

Opinion

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 The opinion filed on September 28, 2012 and reported at 696 F.3d 889 is withdrawn.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.

Reference

Full Case Name: Tyrone W. MILES, Petitioner-Appellant, v. Michael MARTEL, Warden, Respondent-Appellee
Cited By: 1 case
Status: Published