Brodheim v. Dickinson, et. al.
Filing
89
STIPULATION AND ORDER signed by Magistrate Judge Gregory G. Hollows on 01/31/12 ordering that all present motions, including the 04/05/12 motion 80 and scheduling dates are vacated pending the finality of the Board of Parole Hearings 01/11/12 decision granting parole to petitioner Michael Brodheim. On or before 06/15/12, the parties shall file a joint status report. (Plummer, M)
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DANIEL J. BRODERICK, #89424
Federal Defender
DAVID M. PORTER, Bar #127024
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Petitioner
MICHAEL BRODHEIM
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL J. BRODHEIM,
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Petitioner,
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v.
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KATHLEEN DICKINSON, et al.,
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Respondents.
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_______________________________ )
No. Civ. S 06-2326 LKK GGH
STIPULATED REQUEST TO STAY
PROCEEDINGS; ORDER
Judge: Honorable Gregory G.
Hollows
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COME NOW Petitioner, MICHAEL J. BRODHEIM, by and through his
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counsel, Assistant Federal Defender David M. Porter, and Respondents,
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KATHLEEN DICKENSON, et al., by and through their counsel, Deputy
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Attorney General Pamela B. Hooley, to request that the Court enter the
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order lodged herewith staying the action and holding the proceedings in
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abeyance for the reasons set forth below.
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On January 11, 2012, the Board of Parole Hearings granted Mr.
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Brodheim parole.
That decision will not become final as to the Board
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for 120 days.
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has 30 days in which to affirm, modify, or reverse the decision.
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Const., art. V, § 8, subd. (b).
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judicial economy, the parties respectfully request that the Court issue
Cal. Penal Code § 3041, subd. (b).
The Governor then
Cal.
Accordingly, in an effort to promote
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the order lodged herewith staying these proceedings pending the
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finality of the Board’s grant of parole.
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Dated:
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Respectfully submitted,
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KAMALA D. HARRIS
Attorney General
DANIEL J. BRODERICK
Federal Defender
/s/ Pamela B. Hooley
PAMELA B. HOOLEY
Deputy Attorney General
/s/ David M. Porter
DAVID M. PORTER
Assistant Federal Defender
Attorney for Respondents
KATHLEEN DICKENSON, et al.
Attorney for Petitioner
MICHAEL J. BRODHEIM
January 27, 2012
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ORDER
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Pursuant to the stipulated request of the parties, and good cause
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appearing therefor, IT IS ORDERED that all present motions, including
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the set April 5, 2012 motion, and scheduling dates are vacated pending
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the finality of the Board of Parole Hearings January 11, 2012 decision
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granting parole to petitioner Michael Brodheim.1
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2012, the parties shall file a joint status report.
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DATED:
On or before June 15,
January 31, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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brod2326.stp
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Technically, the undersigned, as a magistrate judge, is without
authority to stay an action. However, nothing prevents a magistrate
judge from vacating motions and other dates, and simply asking for a
status report as indicated by the parties.
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