Hernandez v. Subia et al

Filing 17

[VACATED] ORDER signed by Magistrate Judge John L. Weinberg on 10/30/2009 ORDERING that the Court will defer submission of a Report and Recommendation until the filing of the en banc decision in Hayward v. Marshall. (Waggoner, D) Modified on 2/24/2010 (Manzer, C).

01 02 03 04 05 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) CASE NO. 2:07-cv-00839-RSL-JLW ) v. ) ) R.J. SUBIA, Warden, ) ORDER DEFERRING PREPARATION ) OF REPORT AND RECOMMENDATION Respondent. ) _____________________________________ ) Governor Schwarzenegger reversed the Board of Parole Hearings' determination that

06 RICARDO HERNANDEZ, 07 08 09 10 11 12

13 petitioner be granted a parole release date. The Governor found that his release from prison 14 would pose an unreasonable risk of danger to society. Petitioner claims that the Governor's 15 decision denied him due process of law. Based upon the Court's review of the entire record, 16 the Court will defer submission of a Report and Recommendation until the filing of the en 17 banc decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 18 527 F.3d 797 (9th Cir. 2008). 19 20 21 22 DATED this 30th day of October, 2009.

JOHN L. WEINBERG United States Magistrate Judge ORDER DEFERRING REPORT AND RECOMMENDATION - 1

A