Neal v. Carey

Filing 23

ORDER signed by Chief Judge John W. Sedwick on 1/2/09 ORDERING that this matter is STAYED pending the issuance of the mandate by the USCA. (Kastilahn, A)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BENSON ROBERT NEAL, JR. , No. 2:06-cv-00797-JWS Petitioner, STAY ORDER vs. D. K. SISTO,1 Warden, California State Prison, Solano, Respondent.

At Docket No. 21 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. 22. 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/ John W. Sedwick JOHN W. SEDWICK United States District Judge

D. K. Sisto, Warden, Solano State Prison, is hereby substituted for Tom L. Carey, Warden, Solano State Prison. Fed. R. Civ. P. 17(d).

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