Hardwick v. Clarke et al

Filing 47

ORDER signed by Senior Judge Lawrence K. Karlton on 11/22/10 ORDERING that Respondent's 10/29/10 Request for a stay 42 is WITHDRAWN. Petitioner's MOTION to Strike 43 is DENIED as moot. The hearing scheduled for 11/29/10 is VACATED. (Mena-Sanchez, L)

(HC) Hardwick v. Clarke et al

Doc. 47

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 On October 29, 2010, respondent filed a renewed request (ECF No. 42) for a stay of this court's order requiring petitioner's immediate release (ECF No. 41). Petitioner filed a motion to strike the motion, arguing that respondent had failed to comply with the notice and hearing requirements of Local Rule 230(b). Petitioner's motion was set for hearing on November 29, 2010. On November 2, 2010, respondent filed a new motion to stay that complies with Local Rule 230(b). On November 19, 2010, respondents filed a request to withdraw their October 29, 2010 motion to stay, and to vacate the hearing on petitioner's motion to strike as moot. 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LARRY HARDWICK, NO. CIV. S-06-672 LKK DAD P Petitioner, v. KEN CLARKE, et al., Respondents. / ORDER

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Accordingly, the court orders as follows: [1] Respondent's October 29, 2010 request for a stay (ECF No. 42) is WITHDRAWN. [2] Petitioner's motion to strike (ECF No. 43) is DENIED as moot. [3] The hearing scheduled for November 29, 2010 is VACATED. IT IS SO ORDERED. DATED: November 22, 2010.

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