Case: 2:09-cv-01914-JFW-CW As of: 03/25/2010 03:48 AM PDT 1 of 7

194, CLOSED, RELATED−DDJ

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division − Los Angeles)
CIVIL DOCKET FOR CASE #: 2:09−cv−01914−JFW−CW

Richard I. Fine v. Sheriff of Los Angeles County Date Filed: 03/20/2009

Assigned to: Judge John F. Walter Date Terminated: 06/29/2009
Referred to: Magistrate Judge Carla Woehrle Jury Demand: None
Related Case: 2:08−cv−02906−JFW−CW Nature of Suit: 530 Habeas Corpus
Case in other court: 9th CCA, 09−56073 (General)
Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Jurisdiction: Federal Question
Petitioner
Richard I. Fine represented by Richard I. Fine
BK# 1824367
Twin Towers Correctional Facility
450 Bauchet Street
Los Angeles, CA 90012
PRO SE

V.
Respondent
Sheriff of Los Angeles County represented by Aaron Mitchell Fontana
Lawrence Beach Allen &Choi PC
100 West Broadway Suite 1200
Glendale, CA 91210
818−545−1925
Fax: 818−545−1937
Email: afontana@lbaclaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent
Judge David P Yaffe represented by Kevin M McCormick
Hon. David P. Jaffe Benton Orr Duval &Buckingham
39 North California Street
P O Box 1178
Ventura, CA 93002−1178
805−648−5111
Email: kmccormick@bentonorr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Respondent
Superior Court of California, County represented by Kevin M McCormick
of Los Angeles (See above for address)
Superior Couirt of Califoria, County of LEAD ATTORNEY
Los Angeles ATTORNEY TO BE NOTICED

V.
Intervenor Defendant
Del Rey Shores Joint Venture represented by Joshua Lee Rosen
Joshua L Rosen Law Offices
5905 Sherbourne Drive
Los Angeles, CA 90056
310−649−0063
 Case: 2:09-cv-01914-JFW-CW As of: 03/25/2010 03:48 AM PDT 2 of 7
Fax: 310−410−7227
Email: jrosenlaw@ca.rr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Intervenor Defendant
Del Rey Shores Joint Venture North represented by Joshua Lee Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

03/20/2009 1 PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254)
Case assigned to Judge Dean D. Pregerson and referred to Magistrate Judge Carla
Woehrle. (Filing fee $ 5: FEE PAID.), filed by petitioner Richard I. Fine.
(Attachments: # 1 Part 1 of Petitioner, # 2 Part 2 of Petitioner, # 3 Part 3 of
Petitioner)(ghap) Modified on 3/24/2009 (ghap). (Additional attachment(s) added
on 3/24/2009: # 1 Part 2 of Petition, # 2 Part 3 of Petition, # 3 Part 4 of Petition)
(ghap). (Entered: 03/24/2009)
03/20/2009 2 NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the
provisions of the Local Rules, the within action has been assigned to the calendar
of Judge Dean D. Pregerson and referred to Magistrate Judge Carla Woehrle to
consider preliminary matters and conduct all further matters as appropriate. The
Court must be notified within 15 days of any change of address. (ghap) (Entered:
03/24/2009)
03/24/2009 3 NOTICE OF CLERICAL ERROR: On the petition the date was March 19, 2009,
which is incorrect. The correct date is March 20, 2009. (rn) (Entered: 03/24/2009)
03/25/2009 4 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been
reassigned from Judge Dean D. Pregerson to Judge George H Wu for all further
proceedings. The case will now reflect the initials of the transferee Judge CV
09−01914 GW (CW). (rn) (Entered: 03/27/2009)
03/27/2009 5 MINUTES (IN CHAMBERS) by Magistrate Judge Carla Woehrle: This case has
been referred to Magistrate Judge Carla Woehrle. Petitioner is advised of the
following requirements for preparing and submitting documents in this case: 1.
Documents sent to the court in this case should be addressed to: "Clerk, U.S.
District Court, 312 N. Spring St., Los Angeles, CA 90012." (pcl) (Entered:
03/30/2009)
04/07/2009 6 ORDER REQUIRING ANSWER/RETURN TO PETITION. ORDER by
Magistrate Judge Carla Woehrle that Respondent Sheriff of Los Angeles County
file answer to the petition not later than 4/21/2009. Motions to Dismiss shall be
filed by 4/21/2009. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered:
04/07/2009)
04/09/2009 7 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla
Woehrle: On April 9, 2009, the court received a copy of Petitioner's ex parte
application for immediate release filed today. It is ORDERED as follows: The
clerk shall serve copies of the ex parte application and this minute order on
Respondent. On or before April 17, 2009, Respondent shall serve and file a
response to the ex parte application. **SEE ORDER FOR FURTHER DETAILS**
(dt) (Entered: 04/09/2009)
04/09/2009 9 EX PARTE APPLICATION and Memorandum for Order for Immediate Release
of Petitioner from Custody Pending Decision on Petition for Writ of Habeas
Corpus and Appeal; Declaration of Richard I. Fine filed by petitioner Richard I.
Fine.(pcl) (Entered: 04/13/2009)
04/10/2009 8 ORDER TO REASSIGN CASE due to self−recusal pursuant to General Order
08−05 by Judge George H Wu. Case transferred to the calendar of Judge John F.
Walter for all further proceedings. Case number now reads as CV 09−01914 JFW
(CW). (rn) (Entered: 04/10/2009)
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04/10/2009 10 AMENDED PROOF OF SERVICE filed by plaintiff Richard I. Fine, Re
Application for Habeas Corpus and related papers, served on April 10, 2009. (pcl)
(Entered: 04/13/2009)
04/21/2009 11 NOTICE of Interested Parties filed by Respondent Sheriff of Los Angeles County,
(Fontana, Aaron) (Entered: 04/21/2009)
04/21/2009 12 NOTICE OF MOTION AND MOTION to Dismiss Petitioner's Petition For Writ
Of Habeas Corpus Or, In The Alternative, Request That This Court Direct The
Real Parties In Interest To Respond To Petitioner's Habeas Corpus Petition filed by
Respondent Sheriff of Los Angeles County. Motion set for hearing on 5/19/2009 at
10:00 AM before Magistrate Judge Carla Woehrle. (Fontana, Aaron) (Entered:
04/21/2009)
04/23/2009 13 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla
Woehrle: Petitioner filed a petition for writ of habeas corpus on March 20, 2009,
naming the Sheriff as Respondent, and filed an ex parte application for immediate
release on April 9, 2009. Sheriff Baca's motion to dismiss was filed April 21, 2009,
and noticed for hearing on May 19, 2009. IT IS ORDERED: 1) The noticed
hearing date if VACATED; 2) Plaintiff's opposition, or notice of non−opposition,to
the motion shall be served and filed on or before May 1, 2009. **SEE ORDER
FOR FURTHER DETAILS** (dt) (Entered: 04/23/2009)
04/24/2009 14 OPPOSITION to MOTION to Dismiss Petitioner's Petition For Writ Of Habeas
Corpus Or, In The Alternative, Request That This Court Direct The Real Parties In
Interest To Respond To Petitioner's Habeas Corpus Petition 12 filed by Petitioner
Richard I. Fine. (dt) (Entered: 04/27/2009)
05/01/2009 15 ANSWER to Petition for Writ of Habeas Corpus (2254), Petition for Writ of
Habeas Corpus (2254) 1 Response filed by Respondent David P Yaffe, Superior
Court of California, County of Los Angeles.(McCormick, Kevin) (Entered:
05/01/2009)
05/01/2009 16 DECLARATION of Kevin M. McCormick re Answer to Complaint 15 In Support
of Response filed by Respondents David P Yaffe, Superior Court of California,
County of Los Angeles. (Attachments: # 1 Exhibit Exhibit A to Response to
Petition for Writ of Habeas Corpus, # 2 Exhibit Exhibit B to Response to Petition
for Writ of Habeas Corpus, # 3 Exhibit Exhibit C to Response to Petition for Writ
of Habeas Corpus, # 4 Exhibit Exhibit D to Response to Petition for Writ of
Habeas Corpus)(McCormick, Kevin) (Entered: 05/01/2009)
05/05/2009 17 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle,
ORDERING Supplement to Opposition to Motion and Supplement to Opposition
Dismissal submitted by Petitioner Richard I. Fine received on April 28, 2009 is not
to be filed but instead rejected. Denial based on: Documents were not signed by
attorney of record or pro se litigant as required by Fed.R.Civ.P. Rule 11(a); see also
Local Rule 11−1, 83−2.10.2, and 83−2.10.3. (dt) (Entered: 05/06/2009)
05/05/2009 18 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle.
**SEE ATTACHMENT FOR FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/05/2009 19 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carla
Woehrle: A response to the petition on behalf of Superior Court of CA, LA
County, and the Hon. David P. Yaffe, Judge of the Superior Court was filed onMay
1, 2009, along with the Declaration of Kevin M.McCormack. Petitioner's reply
shall, if any, be served and filed on or before May 22, 2009. Unless otherwise
ordered, this matter will then be taken under submission, without oral argument,
and the parties will be notified of all furthe proceedings. **SEE ORDER FOR
FURTHER DETAILS** (dt) (Entered: 05/06/2009)
05/05/2009 20 ORDER STRIKING by Magistrate Judge Carla Woehrle, STRIKING Response in
Opposition to Motion, 14 . **SEE DOCUMENT FOR FURTHER DETAILS**
(dt) (Entered: 05/06/2009)
05/08/2009 21 First EX PARTE APPLICATION to Intervene filed by intervener defendant Del
Rey Shores Joint Venture, Del Rey Shores Joint Venture North. (Attachments: # 1
Response to Petition for Habeas Corpus, # 2 Declaration Declaration in support of
response to petition, # 3 Proposed Order Order granting leave to intervene, # 4
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Certificate of Interested Parties)(Rosen, Joshua) (Entered: 05/08/2009)

05/08/2009 22 RESPONSE in Support of Petition and Request for Immediate Release from
Custody filed by Petitioner Richard I. Fine (pcl) (Entered: 05/19/2009)
05/14/2009 23 REQUEST and Demand for Immediate Release, Granting of Writ of Habeas
Corpus, and Striking of Declarations of Rosen and McCormick, and the Response
of Del Rey Shoes Joint Venture and Del Rey Shores Joint Venture North filed by
petitioner Richard I. Fine. (pcl) (Entered: 05/19/2009)
05/14/2009 24 RESPONSE in Support of Petition and Request for Immediate Release from
Custody filed by Petitioner Richard I. Fine (pcl) (Entered: 05/19/2009)
06/12/2009 25 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge
Carla Woehrle . Objections to RRdue by 7/6/2009 (Attachments: # 1 Report and
Recommendation) (dt) Modified on 6/12/2009 (dt). (Entered: 06/12/2009)
06/12/2009 26 REPORT AND RECOMMENDATION issued by Magistrate Judge Carla
Woehrle. Re MOTION to Dismiss Petitioner's Petition For Writ Of Habeas Corpus
12 Objections to RRdue by 7/6/2009. *SEE REPORT AND
RECOMMENDATION FOR FURTHER DETAILS** (dt) (Entered: 06/12/2009)
06/12/2009 27 AMENDED NOTICE OF FILING REPORT AND RECOMMENDATION by
Magistrate Judge Carla Woehrle. Objections to RRdue by 7/6/2009 (dt) (Entered:
06/12/2009)
06/12/2009 28 NOTICE of the United States Supreme Court Decision of Caperton et al. v. A.T.
Massey Coal Co., Inc., et al., Dated June 8, 2009 filed by petitioner Richard I. Fine.
(pcl) (Entered: 06/16/2009)
06/25/2009 29 OBJECTIONS, Including Memorandum in Support of Objections, to Magistrate
Judge's Report; Demand for Immediate Release filed by petitioner Richard I.
Fine.(pcl) (Entered: 06/26/2009)
06/26/2009 32 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Carla Woehrle,
ORDERING proposed supplemental petition submitted by Petitioner Richard I.
Fine received on 5/26/09 is not to be filed but instead rejected. Denial based on:
Not signed by attorney or pro se litigent; Improperly names judges in this case as
respondents. **SEE ORDER FOR FURTHER DETAILS** (dt) (Entered:
06/29/2009)
06/29/2009 30 ORDER ACCEPTING REPORT AND RECOMMENDATION of United States
Magistrate Judge by Judge John F. Walter: IT IS ORDERED: (1) that the Report
and Recommendation of the United States Magistrate Judge be accepted; (2) that
judgment be entered denying the petition and dismissing this action with prejudice;
and (3) that the following motions be dismissed as moot in light of this order:
Petitioner's ex parte application for order for immediate release (docket no. 9 ),
Respondent Sheriff Bacas motion to dismiss (docket no. 12 ), the Del Rey Parties'
ex parte application to intervene (docket no. 21 ), and Petitioner's request for order
for immediate release, etc. ( 23 ). (pcl) (Entered: 06/29/2009)
06/29/2009 31 JUDGMENT by Judge John F. Walter: IT IS ADJUDGED that the petition for writ
of habeas corpus is denied and the action dismissed with prejudice. (MD JS−6,
Case Terminated). (pcl) (Entered: 06/29/2009)
06/30/2009 33 ORDER from 9th CCA filed, CCA # 09−71692. The court is in receipt of
petitioner's original petiton for a writ of habeas corpus filed pursuant to 28 U.S.C.
2254. An application for a writ of habeas corpus must be made to the district court.
See Fed. R. App. P. 22(a); see also 28 U.S.C. 2241(b). Petitioner has an application
for a writ of habeas corpus pending in the United States District Court for the
Central District of California, case No. 09−1914. To the extent petitioner requests
that this court order the district court to act on or grant his pettiion for writ of
habass corpus, petitoner's filing is construed as a petition for writ of mandamus.
We note that on June 12, 2009, the district court issued its findings and
recommendations in petitioner's case. Accordingly, petitioner has not demonstrated
that this case warrants the intervention of this court by means of the extraordinary
remedy of mandamus. See Bauman v. United States Dist. Court, 557 F. 2d 650(9th
Cir. 1977). The petition is denied. Order received in this district on 6/30/09. (lr)
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(Entered: 07/06/2009)
07/01/2009 34 PETITION for Certificate of Appealability to USDC by petitioner Richard I. Fine;
Filed as Notice of Appeal to 9th CCA from district court judgment, 31 filed
06/29/2009. cc: Richard I. Fine; Attorney General. (car) Modified on 7/6/2009
(car). (Entered: 07/06/2009)
07/09/2009 35 REQUEST Under FRCP Rules 60(b)(2), (4) and (6) to Recuse Magistrate Judge
Woehrle for Bias for Failure to Disclose That She Was a Criminal Defense
Attorney Prior to Becoming a Magistrate Judge, and is Subject to Malpractice
Claims if She Rules that It is a Denial of Due Process for L.A. Superior Court
Judges to Take Payments From L.A. County When She Did Not Raise Such Issue
on Behalf of Her Own Clients When They Were Prosecuted by the L.A. County
District Attorney filed by petitioner Richard I. Fine. (pcl) (Entered: 07/10/2009)
07/09/2009 36 REQUEST UNDER FRCP Rules 60(b)(2),(4) and (6) to Recuse Judge Walter for
Bias for Failure to Disclose That He Was a Criminal Defense Attorney Prior to
Becoming a Judge, and is subject to Malpractice Claims If He Rules That It Is A
Denial of Due Process for L.A. Superior Court Judges to Take Payments from L.A.
County When He Did Not Raise Such Issue Of Behalf of His Own Clients When
They Were Prosecuted by the L.A. County District Attorney filed by petitioner
Richard I. Fine. (pcl) (Entered: 07/10/2009)
07/09/2009 37 STRICKEN FROM THE RECORD − EX PARTE APPLICATION Under FRCP
Rule 60(b)(6) to Release Petitioner From Jail Pending Decision From Ninth Circuit
Court of Appeals filed by petitioner Richard I. Fine.(pcl) Modified on 7/21/2009
(dt). (Entered: 07/10/2009)
07/10/2009 38 NOTIFICATION by Circuit Court of Appellate Docket Number 09−56073, 9th
CCA regarding Petition for Certificate of Appealability 34 as to petitioner Richard
I. Fine. (lra) (Entered: 07/13/2009)
07/13/2009 39 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed.
Pursuant to GO 08.05 and Local Rule 72−5 REQUEST for Recusal of Judge
Walter 36 is referred to Judge George H. King for determination. (rn) (Entered:
07/13/2009)
07/13/2009 40 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed.
Pursuant to GO 08.05 and Local Rule 72−5 REQUEST for Recusal of Magistrate
Judge Carla Woehrle 35 is referred to Judge George H. King for determination.
(rn) (Entered: 07/13/2009)
07/15/2009 43 REQUEST FOR JUDICIAL NOTICE In Support Of Recusals Of Magistrate Judge
Whoehrle And Judge Walter filed by petitioner Richard I. Fine. (pcl) (Entered:
07/20/2009)
07/16/2009 41 MINUTES (IN CHAMBERS) by Judge George H. King: Proceedings: Order Re:
Petitioner's Motion to Disqualify Judge Woehrle 35 . Petitioner has raised no
sufficient basis for disqualifying Judge Woehrle under 28 U.S.C. § 455(a).
Accordingly, Petitioner's Motion is hereby DENIED. (mg) (Entered: 07/17/2009)
07/16/2009 42 MINUTES (IN CHAMBERS) by Judge George H. King: Proceedings: Order Re:
Petitioner's Motion to Disqualify Judge Walter 36 . Petitioner has raised no
sufficient basis for disqualifying Judge Walter under 28 U.S.C. § 455(a).
Accordingly, Petitioner's Motion is hereby DENIED. (mg) (Entered: 07/17/2009)
07/17/2009 44 Order by Judge John F. Walter The Certificate of Appealability is DENIED for the
following reason(s): There has been no substantial showing of the denial of a
constitutional right. Petition for Certificate of Appealability 34 . (lr) Modified on
7/21/2009 (lr). (Entered: 07/21/2009)
07/21/2009 45 CERTIFICATE OF RECORD Transmitted to USCA re Petition for Certificate of
Appealability 34 filed by Richard I. Fine ; Court of Appeals Case Number:
09−56073; Transcripts: None Requested. (lr) (Entered: 07/21/2009)
07/21/2009 46 ORDER by Magistrate Judge Carla Woehrle: the documents listed below were
improperly filed for the following reasons: Application does not state claim
amounting to claim for relief from judgment under Fed.R.Civ.P, Rul 60(b)(6).
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Petitioner could move for release under Fed.R.App.P.Rule 23(b), in either district
court or appeals court, but has not stated claim under Rule 23(b) so as to justify
construing this application as a Rule 23(b) motion.; therefore, the following
document(s) shall be stricken from the record and shall not be considered by the
Court: EX PARTE APPLICATION for Order for to Release Petition From Jail
Pending Discion From 9CCA 37 . (dt) (Entered: 07/21/2009)
07/21/2009 47 (DUPLICATE) ORDER by Magistrate Judge Carla Woehrle: striking 37 Ex Parte
Application for Order (dt) (Entered: 07/21/2009)
07/21/2009 48 Order by Judge John F. Walter DENYING Request for Certificate of
Appealability. (se) (Entered: 07/23/2009)
08/12/2009 49 APPEAL FEE PAID: re Petition for Certificate of Appealability 34 as to Petitioner
Richard I. Fine; Receipt Number: 121320, Paid in the amount of $455. (lr)
(Entered: 08/12/2009)
08/26/2009 50 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Appellant's motion for reconsideration of this
court's order denying his request for immediate release pending appeal is denied.
Order received in this district on 8/26/09. (lr) (Entered: 08/27/2009)
09/03/2009 51 Request that the entire Record be sent to Ninth Circuit Court of Appeals re Petition
for Certificate of Appealability, 34 . (dmap) (Entered: 09/04/2009)
09/15/2009 52 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Appellant's second motion for immediate
release is denied. No further motions for immediate relese pending appeal shall be
filed or entertained. No motions for reconsideration, modification, or clarification
of this order shall be filed or entertained. The opening brief has been filed; the
answering brief is due October 9, 2009; and the optional reply brief is due within
14 days after service of the answering brief. Order received in this district on
9/15/09. (lr) (Entered: 09/16/2009)
12/09/2009 53 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Appellant's Motion for Reconsideration of
Denial of Emergency Petition for Writ of Mandate is DENIED. Order received in
this district on 12/09/09. (lr) (Entered: 12/09/2009)
12/11/2009 54 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Dr. Daniel Gottlieb's motion for amicus curiae
status and submission of an amicus curiae brief is DENIED. Order received in this
district on 12/11/09. (lr) (Entered: 12/11/2009)
12/15/2009 55 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Appellant's Motion to Reconsider Clerk's
Denial of Requests for Judicial Notice is DENIED. As to the request for judicial
notice of California Government Code 68220 − 68222, however, we note that the
request is denied only because is unncessary to request judicial notice of a statue.
The panel will consult the parties' cited legal authorities in its consideration of this
appeal. Order received in this district on 12/15/09. (lr) (Entered: 12/16/2009)
12/24/2009 56 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Appellant's Request for Judicial Notice of
Monterey County Judges' Public Statements is DENIED. Order received in this
district on 12/24/09. (lr) (Entered: 12/30/2009)
02/10/2010 57 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. The order received in this district on 2/10/2010.
The petitions for rehearing en banc are denied. No further motions shall be
entertained in this appeal. (lra) (Entered: 02/10/2010)
02/12/2010 58 ORDER from 9th CCA filed re: Petition for Certificate of Appealability 34 filed by
Richard I. Fine, CCA # 09−56073. Order received in this district on 2/12/10.
Petitioner's Motion to Disqualify Judges and to Void the Memorandum Disposition
and Other Orders is DENIED. (cbr) (Entered: 02/16/2010)
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02/18/2010 59 MANDATE of 9th CCA filed re: Petition for Certificate of Appealability 34 , CCA
# 09−56073. The Decision of the District Court is AFFIRMED. Mandate received
in this district on 2/18/2010. (lr) (Entered: 02/23/2010)