Brooks v. Horel et al

Filing 19

ORDER signed by Magistrate Judge James P. Hutton on 1/22/09 ORDERING that The petitioner's 16 motion for leave to file supplemental briefing is DENIED. Petitioner's 16 request within the motion for a stay of proceedings pending the Ninth Circuit's en banc review in Hayward v. Marshall, is GRANTED until further order of the court. (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. CHARLES H. BROOKS,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) NO. CV-06-2614 RHW JPH ORDER DENYING MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFING AND GRANTING TEMPORARY STAY (Ct Rec. 16)

Petitioner,

D. K. SISTO, et. al, Respondent.

On December 30, 2008, petitioner filed a motion requesting leave to file supplemental briefing. considered the motion and cases cited. response. The court finds the petitioner has not established the need for supplemental briefing in order to determine the issues presented on habeas review, but a stay of proceedings is appropriate in the interests of judicial economy. IT IS ORDERED: 1. The petitioner's motion for leave to file supplemental (Ct. Rec. 16.) The court has Respondent has not filed a

briefing is denied (Ct Rec. 16). 2. Petitioner's request within the motion (Ct. Rec. 16) for a stay of proceedings pending the Ninth Circuit's en banc review in Hayward v. Marshall, 512 F. 3d 536 (2008), rehearing ordered, 527 F. 3d 797 (2008), is granted until further order of the court. DATED this 22nd day of January, 2009. s/ James P. Hutton JAMES P. HUTTON UNITED STATES MAGISTRATE JUDGE

ORDER DENYING MOTION FOR LEAVE TO FILE ADDITIONAL BRIEFING AND GRANTING MOTION FOR STAY OF HABEAS PROCEEDINGS - 1 PDF created with pdfFactory trial version www.pdffactory.com