Carr v. Woodford et al

Filing 72

STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 7/28/2011 ORDERING the case STAYED until 10/21/2011. The parties shall file Status Reports regarding the outcome of the 9/21/2011 hearing by 10/21/2011. (Michel, G)

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DANIEL J. BRODERICK, #89424
Federal Defender

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CAROLYN M. WIGGIN, Bar #182732
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]

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Attorney for Petitioner
CHARLES H. CARR, JR.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. CARR, JR.,

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Petitioner,
v.
JEANNE WOODFORD, et al.,

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Respondent.
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No. 2:05-cv-01870-MCE-JFM
STIPULATION AND ORDER STAYING CASE
UNTIL OCTOBER 21, 2011

Judge: Hon. John F. Moulds

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Petitioner, CHARLES H. CARR, JR., by and through counsel, Assistant Federal Defender Carolyn
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M. Wiggin, and Respondent, Warden MATTHEW CATE, by and through counsel, Deputy Attorney
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General Pamela B. Hooley, hereby stipulate to and jointly request a stay of the proceedings in this matter
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until October 21, 2011.
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This request is made because Mr. Carr is currently on parole pursuant to this Court’s order in
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related case nos. 2:04-cv-00584-MCE-JFM, 2:05-cv-01870-MCE-JFM, and 2:05-cv-01871-MCE-JFM.
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On June 28, 2011, the Ninth Circuit reversed the judgments in those three cases and remanded the cases to
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Stipulation and Order
00280898.wpd

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this Court for further proceedings. See Carr v. Sisto, No. 09-15615, Carr v. Woodford, No. 09-15616,

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and Carr v. Horel, No. No. 09-15617. Rather than immediately seek Mr. Carr’s return to state prison, the

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California Board of Parole Hearings (“BPH”) has agreed to give Mr. Carr a “Not in Custody,” or “NIC”

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hearing on September 21, 2011. At that hearing BPH officials will decide whether or not they are willing

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to allow Mr. Carr to remain on parole for the remainder of his parole term. If the BPH decides that Mr.

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Carr can remain on parole for the remainder of his parole term, after which he will be discharged from

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parole if he successfully serves his parole term, then this case and the related district court cases will

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become moot.

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In order to conserve judicial resources, the parties ask that the Court stay this case until the parties

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know the outcome of the September 21, 2011 hearing. The parties ask that this case be stayed until

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October 21, 2011, on which date the parties will file status reports regarding the outcome of the September

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21, 2011, hearing, and the need, if any, for any further pleadings or briefs.

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Respectfully submitted,

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DANIEL BRODERICK
Federal Defender

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Dated: July 22, 2011

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/s/ Carolyn M. Wiggin
CAROLYN M. WIGGIN
Assistant Federal Defender
Attorneys for Petitioner
CHARLES H. CARR

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KAMALA D. HARRIS
Attorney General of the State of California

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Dated: July 22, 2011
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/s/ Pamela B. Hooley
PAMELA B. HOOLEY
Deputy Attorney General

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Attorneys for Respondents
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Stipulation and Order
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ORDER
Pursuant to the parties’ stipulation, and good cause appearing therefor, it is hereby ORDERED that

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this matter is stayed until October 21, 2011. On October 21, 2011, the parties shall file status reports

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regarding the outcome of the September 21, 2011, hearing, and the need, if any, for any further pleadings

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or briefs.

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IT IS SO ORDERED.

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Dated: July 28, 2011.

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carr1870.sty

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Stipulation and Order
00280898.wpd

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