Benson v. Krammer et al

Filing 26

ORDER signed by Circuit Judge Mary M. Schroeder on 6/1/2010 directing parties to file simultaneous Memoranda w/in 30 days of this Order on applicability of Hayward to pending Petitioner. Briefs shall NOT exceed 2000 words. (Marciel, M)

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/s/ Mary M. Schroeder MARY M. SCHROEDER, United States Circuit Judge Sitting by designation On April 7, 2009, this case was stayed pending the outcome of the en banc decision in Hayward v. Marshall. The Ninth Circuit has issued its opinion in this case. See Hayward v. Marshall, ­ F.3d ­, 2010 WL 1664977, (9th Cir. 2010) (en banc). The parties are directed to file simultaneous memoranda within thirty (30) days of this order on the applicability of Hayward to the pending petition. Briefs shall not exceed 2,000 words. DATED: June 1, 2010 FRANK KENNETH BENSON, ) ) Petitioner, ) v. ) ) MATT KRAMMER, Warden, et al., ) ) Respondents. ) _____________________________________ ) Case No. 2:06-CV-01584-MMS (HC) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION