Opinion
This case proceeds before the undersigned pursuant to 28 U.S.C. § 636(c).
July 19, 2010
ORDER
On November 10, 2008, the court denied petitioner's application for writ of habeas corpus. Petitioner appealed and on July 12, 2010, the Ninth Circuit Court of Appeals issued a Mandate that the judgment of the district court be reversed and the case remanded. Docs. 38, 39.
Respondent is directed, within forty-five days, to commence legal proceedings in state court leading to either a plea, new trial or other resolution for petitioner. If no proceedings are commenced within forty-five days petitioner shall be released.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent is directed, within forty-five days, to commence legal proceedings leading to either a plea, new trial, or other resolution for petitioner;
2. If no proceedings are commenced within forty-five days petitioner shall be released.