Benitez v. Rawers, et al.

Filing 27

ORDER VACATING 24 Findings and Recommendation in Light of En Banc Review Granted in Hayward v. Marshall, 412 F.3d 536 (9th Cir.2008) re 25 signed by Magistrate Judge Sandra M. Snyder on 1/25/2010. (Bradley, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 SCOTT P. RAWERS, Warden, 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On April 22, 2008, the undersigned issued Findings and Recommendation to grant the 18 instant petition for writ of habeas corpus reversing the Governor's 2003 decision finding that 19 Petitioner was not suitable for release on parole. (Court Doc. 24.) 20 The Findings and Recommendation cited and analyzed the Ninth Circuit Court of 21 22 month after the Findings and Recommendation was issued, the Ninth Circuit granted en banc 23 review in Hayward on May 16, 2008, __ F.3d __, No. 06-55392. 24 On May 21, 2008, Respondent filed a motion to vacate the Findings and 25 Recommendation in light of the Ninth Circuit's en banc review of Hayward. (Court Doc. 25.) 26 Respondent is correct that the Hayward decision can no longer be cited as precedent within this 27 Circuit, and the Findings and Recommendations will be vacated and re-issued in due course. 28 1 Appeals then-recent decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008). Almost one / [Doc. 25] v. VICTOR BENITEZ, Petitioner, 1:06-cv-000142 LJO SMS HC ORDER VACATING FINDINGS AND RECOMMENDATION IN LIGHT OF EN BANC REVIEW GRANTED IN HAYWARD V. MARSHALL, 412 F.3d 536 (9th Cir. 2008)

UNITED STATES DISTRICT COURT

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Based on the foregoing, it is HEREBY ORDERED that the Findings and Recommendation issued April 22, 2008, is VACATED.

IT IS SO ORDERED. Dated: icido3 January 25, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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