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CARO v. VASQUEZ

No. C-89-1400-JPV.

789 F.Supp. 315 (1992)

Fernando Eros CARO, Petitioner, v. Daniel VASQUEZ, Warden of California State Prison at San Quentin, et. al., Respondents.

United States District Court, N.D. California.

Order Denying Motion to Alter or Amend Judgment April 22, 1992.

Attorney(s) appearing for the Case

Daniel E. Lungren, Atty. Gen., State of Cal., George Williamson, Chief Asst. Atty. Gen., John H. Sugiyama, Sr. Asst. Atty. Gen., Morris Beatus, Dane R. Gillette, Deputy Attys. Gen., San Francisco, Cal., for respondents.

Charles R. Breyer, Joseph C. Spero, Jeffrey S. Cogen, Coblentz, Cahen, McCabe & Breyer, San Francisco, Cal., for petitioner.

ORDER GRANTING RESPONDENT'S MOTION RE: VACATING STAY AND DISMISSING FEDERAL HABEAS PETITION

VUKASIN, District Judge.

INTRODUCTION

Respondents' Motion to Vacate Stay and Dismiss Federal Habeas Petition was scheduled to be heard on February 20, 1992. After a review of the briefs, this court considered it appropriate to submit the motion on the pleadings pursuant to Local Rule 220-1, and now GRANTS the motion.

BACKGROUND

The intolerable...

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