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.