Senteno v. State of California et al

Filing 18

ORDER GRANTING 15 Respondents' Application for Stay of Order Granting Habeas Corpus Relief Pending Appeal, signed by District Judge Janis L. Sammartino on 12/18/2009. Case stayed. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By Order entered December 8, 2009, this Court granted state prisoner Phillip Angel Senteno's 28 U.S.C. § 2254 habeas corpus petition for relief from Governor Arnold Schwarzenegger's decision to reverse the Board of Parole Hearing's grant of parole. Pursuant to Rule 8 of the Federal Rules of Appellate Procedure, Respondents now move for a stay of that Order pending appeal. In consideration of the unsettled state of the law in this area, and for good cause shown, IT IS HEREBY ORDERED: 1. Respondents' Application for a stay to preserve the status quo pending the outcome of vs. Petitioner, PHILLIP ANGEL SENTENO, CASE NO. 08cv0694-JLS(JMA) ORDER GRANTING RESPONDENTS' APPLICATION FOR STAY OF ORDER GRANTING HABEAS CORPUS RELIEF PENDING APPEAL [Dkt No. 15]

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

STATE OF CALIFORNIA; DERRAL ADAMS, Warden, Respondents.

the appeal is GRANTED. 2. Respondents shall promptly notify this Court of the Ninth Circuit's en banc ruling in

Hayward v. Marshall, 512 F.3d 536, 542d (9th Cir.), reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008) or the result of their appeal, whichever occurs soonest, along with appropriate stay disposition briefing. IT IS SO ORDERED. DATED: December 18, 2009 Honorable Janis L. Sammartino United States District Judge
08cv0694