Mayfield v. Sisto et al

Filing 22

ORDER signed by Chief Judge Robert H. Whaley on 10/27/2010 GRANTING 19 Motion to Stay Order Granting Habeas Petition. The writ is STAYED pending response from the Ptnr. (Zignago, K.)

(HC) Mayfield v. Sisto et al

Doc. 22

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Before the Court is Respondents' Motion to Stay Order Granting Petition 16 for Writ of Habeas Corpus (Ct. Rec. 19). The motion was heard without oral 17 argument and on an expedited basis. 18 Respondent asks the Court to stay its October 6, 2010 Order as a result of its 19 appeal of the Order, in part because Petitioner has waived the Court-ordered 20 hearing. Respondent attached a letter from Petitioner's counsel in the matter 21 currently before the California Court of Appeal. In the letter, Mr. Ramos indicates 22 that he supports Petitioner's request to waive or postpone his hearing currently 23 scheduled for November 3, 2010. Respondent also attached a form signed by 24 Petitioner that indicates that Petitioner chose to waive the hearing. Based on these 25 filings, the Court is inclined to grant the motion to stay, but because it is doing so 26 on an expedited basis, it will order Petitioner to show cause why the stay should 27 not be granted. If Petitioner does not respond, the stay will be imposed. 28 ORDER GRANTING MOTION TO STAY ~ 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA WILLIAM BLAINE MAYFIELD, Petitioner, v. TOM CAREY, Warden, et al., Respondents. ORDER GRANTING MOTION TO STAY NO. CV-07-346-RHW

1

The Court heard this matter on an expedited basis because it appears that the

2 California Court of Appeals is considering the effects of this Court's Order in 3 determining whether the appeal before that court is moot. 4 5 Accordingly, IT IS HEREBY ORDERED: 1. Respondent's Motion to Stay Order Granting Petition for Writ of

6 Habeas Corpus (Ct. Rec. 19) is GRANTED and the Writ is stayed pending a 7 response from the Petitioner as required in the following Paragraph. 8 2. Within ten (10) days from the date of this Order, Petitioner is ordered to 9 show cause why the stay should not be continued until a ruling from the California 10 Court of Appeals in the related case. If Petitioner does not file a timely response, 11 the Stay will be continued pending further order of the Court. 12 14 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING MOTION TO STAY ~ 2
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3. Within ten (10) days from a decision by the California Court of IT IS SO ORDERED. The District Court Executive is directed to enter DATED this 27th day of October, 2010. s/Robert H. Whaley ROBERT H. WHALEY United States District Judge

13 Appeals, the parties are directed to provide a status report to the Court. 15 this Order, forward copies to counsel and petitioner.