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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1 2 3 4 5 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 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MICHAEL J. BRODHEIM, ) ) Petitioner, ) ) v. ) ) KATHLEEN DICKINSON, et al., ) ) Respondents. ) ) _______________________________ ) No. Civ. S 06-2326 LKK GGH STIPULATED REQUEST TO STAY PROCEEDINGS; ORDER Judge: Honorable Gregory G. Hollows 17 COME NOW Petitioner, MICHAEL J. BRODHEIM, by and through his 18 counsel, Assistant Federal Defender David M. Porter, and Respondents, 19 KATHLEEN DICKENSON, et al., by and through their counsel, Deputy 20 Attorney General Pamela B. Hooley, to request that the Court enter the 21 order lodged herewith staying the action and holding the proceedings in 22 abeyance for the reasons set forth below. 23 On January 11, 2012, the Board of Parole Hearings granted Mr. 24 Brodheim parole. That decision will not become final as to the Board 25 for 120 days. 26 has 30 days in which to affirm, modify, or reverse the decision. 27 Const., art. V, § 8, subd. (b). 28 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 1 the order lodged herewith staying these proceedings pending the 2 finality of the Board’s grant of parole. 3 Dated: 4 Respectfully submitted, 5 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 6 7 8 9 10 11 ORDER 12 13 Pursuant to the stipulated request of the parties, and good cause 14 appearing therefor, IT IS ORDERED that all present motions, including 15 the set April 5, 2012 motion, and scheduling dates are vacated pending 16 the finality of the Board of Parole Hearings January 11, 2012 decision 17 granting parole to petitioner Michael Brodheim.1 18 2012, the parties shall file a joint status report. 19 DATED: On or before June 15, January 31, 2012 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 20 21 22 brod2326.stp 23 24 25 26 27 28 1 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. 2

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