Dykes v. Ayers

Opinion

1 2 3 6 7 ERNEST EDWARD DYKES, Case No. 3:11-cv-04454-SI (VC) 8 Petitioner, DEATH PENALTY CASE 9 v. ORDER OF DISMISSAL 10 GENA JONES, Warden of California Health Care Facility, Stockton, Re: Dkt. No. 173 11 Respondent. 12

14 On December 21, 2021, Petitioner filed a Petition for a Writ of Habeas Corpus. Dkt. No. 15 13. The Court referred this case to United States District Judge Vince Chhabria for settlement 16 proceedings on November 6, 2023. Pursuant to an agreement between Petitioner and the Alameda 17 County District Attorney’s Office (“ACDAO”), the ACDAO petitioned the Alameda County 18 Superior Court to have Petitioner’s sentence recalled. The ACDAO sought resentencing in the 19 interest of justice because previously undisclosed evidence indicated that Petitioner’s state and 20 constitutional rights under People v. Wheeler, 22 Cal. 3d 258 (1979), and Batson v. Kentucky, 476 21 U.S. 79 (1986), had been violated at his trial. 22 On August 13, 2024, the state court recalled Petitioner’s death sentence and resentenced 23 him according to the terms agreed upon by the parties in the settlement agreement. Petitioner now 24 moves voluntarily to dismiss his Petition for a Writ of Habeas Corpus, pursuant to Federal Rule of 25 Civile Procedure 41(a)(2). The Court, having considered that motion and any papers relating 26 thereto, hereby ORDERS: 27 1. The petition for a writ of habeas corpus (Dkt. No. 13) is DISMISSED; 1 2. The Clerk is directed to close this case because this order terminates the proceeding in 2 its entirety. 4 5 Dated: July 8, 2025 ‘ WU tee 6 SUSAN ILLSTON 7 United States District Judge 8 9 10 11 a 12

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