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)

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: [phone]
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