FILED
SEP 29 2010
FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
No. 10-72977
MATTHEW CATE,
Petitioner,
ORDER
v.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
CALIFORNIA, SAN JOSE,
Respondent,
MICHAEL ANGELO MORALES and
ALBERT GREENWOOD BROWN,
Real Parties in Interest.
Before: KLEINFELD, McKEOWN, and FISHER, Circuit Judges.
The State's Motion for Voluntary Dismissal of Petition for Writ of
Mandamus is granted.