Rockers

Filing 29

ORDER to SHOW CAUSE signed by Magistrate Judge James P. Hutton on 1/30/09 ORDERING that the parties are directed to show cause on or before February 20, 2009, why a temporary stay should not issue in this matter. (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JAMES ROCKERS,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) NO. CV-06-2330 RHW JPH ORDER TO SHOW CAUSE RE: TEMPORARY STAY OF PROCEEDINGS

Petitioner,

THERESA A. SCHWARTZ, Respondent.

Petitioner's habeas petition appears to raise issues which will be decided by the Ninth Circuit in Hayward v. Marshall, 512 F. 3d 536, rehrg en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. According, the parties are directed to show cause, if any, why this matter should not be stayed pending the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit in Hayward. IT IS ORDERED that the parties are directed to show cause on or before February 20, 2009, why a temporary stay should not issue in this matter. DATED this 30th day January, 2009.

s/ James P. Hutton JAMES P. HUTTON UNITED STATES MAGISTRATE JUDGE

ORDER TO SHOW RE: TEMPORARY STAY OF PROCEEDINGS - 1