FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTHEW CATE, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN No. 10-72977 DISTRICT OF CALIFORNIA, SAN JOSE, ORDER Respondent, MICHAEL ANGELO MORALES and ALBERT GREENWOOD BROWN, Real Parties in Interest. Filed September 29, 2010 Before: Andrew J. Kleinfeld, M. Margaret McKeown, and Raymond C. Fisher, Circuit Judges. ORDER The State’s Motion for Voluntary Dismissal of Petition for Writ of Mandamus is granted. 16765