Kees v. Carey

Filing 21

ORDER signed by Circuit Judge N. Randy Smith on 2/19/09 ORDERING that within 20 days of the date of this, parties shall show cause why this action should not be administratively stayed pending the Ninth Circuit's resolution in the Hayward matter. (Carlos, K)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES KEES, Petitioner, v. D.K. SISTO, Warden, California State Prison at Solano, Respondent. ORDER No. 2:06­CV­01483­NRS

Petitioner Kees is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Kees challenges the California Board of Parole Hearings's (the "Board's") refusal to set a date for his release on parole due to Governor Arnold Schwarzenegger's 2004 and 2006 reversals of the Board's grants of parole. After Kees's petition, the Ninth Circuit Court of Appeals granted rehearing en banc in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 527 F.3d 797 (9th Cir. May 16, 2008), which may directly impact Kees's petition.

PDF created with pdfFactory trial version www.pdffactory.com

Accordingly, IT IS HEREBY ORDERED that, within twenty days of the date of this order, the parties shall show cause why this action should not be administratively stayed pending the Ninth Circuit's resolution in Hayward.

DATED: February 19, 2009

Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge

2

PDF created with pdfFactory trial version www.pdffactory.com