Evins v. Kane et al

Filing 18

ORDER signed by District Judge Timothy M. Burgess on 01/02/09 ORDERING that since petitioner has not timely responded to the 16 Order to Show Cause why the case should not be stayed and responded concurs that this matter should be stayed that this matter is STAYED pending the issuance of the mandate by the USCA in Hayward v. Marshall. (Benson, A.)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GLYNNON EVINS, No. 2:05-cv-02224-TMB Petitioner, STAY ORDER vs. BEN CURRY, Warden, Correctional Training Facility, Respondent.

At Docket No. 16 this Court issued its Order to Show Cause why this matter should not be stayed pending the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, 512 F.3d 536, rehrg en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. Respondent concurs that this matter should be stayed. Docket No. 17. Petitioner has not timely responded to the order. Accordingly, IT IS THEREFORE ORDERED THAT this matter is stayed pending the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, 512 F.3d 536, rehrg en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. Dated: January 2, 2009. s/ Timothy M. Burgess TIMOTHY M. BURGESS United States District Judge