Griffey v. Hubbard Doc.

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Case 3:01-cv-03483-WHA Document 34 Filed 05/25/2006 Page 1 of 2

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6 IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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10 TERY TY GRIFFEY, No. C 01-03483 WHA
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United States District Court

Petitioner,
For the Northern District of California

12 v. WRIT OF HABEAS CORPUS

13 BOB HOREL, Warden, California State
14 Prision, Solano,

15 Respondent.
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17 On April 10, 2006, the Ninth Circuit reversed the district court’s denial of Tery Ty

18 Griffey’s petition for a writ of habeas corpus. The Ninth Circuit remanded the case to the

19 district court with instructions to “grant a conditional writ of habeas corpus instructing the State

20 that it may either retry Griffey within an appropriate period to be determined by the district

21 court, or release him from custody.” Griffey v. Hubbard, No. 04-16451, slip op. at 2

22 (unpublished). The mandate was filed in the district court May 10. Two days later, the case

23 was reassigned to the undersigned. The parties agreed on May 22 that the Court should enter

24 judgment to carry out the remand orders of the Ninth Circuit (Stipulation for Entry of J. Upon

25 Remand).

26 The Court therefore orders the state to release petitioner Tery Ty Griffey from custody

27 or initiate retrial proceedings against him. The state has until August 24, 2006, to initiate retrial

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 Case 3:01-cv-03483-WHA Document 34 Filed 05/25/2006 Page 2 of 2

1 proceedings. If no such proceedings have been initiated by that date, the state must release
2 petitioner no later than August 25, 2006.*
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4 IT IS SO ORDERED.
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6 Dated: May 24, 2006
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
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United States District Court
For the Northern District of California

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* Bob Horel is substituted as respondent for Sue Hubbard, who was warden when the answer was filed.