Crawley v. Kramer et al

Filing 19

[VACATED] ORDER DEFERRING PREPARATION OF REPORT AND RECOMMENDATION until the filing of the en banc decision in Hayward v. Marshall signed by Magistrate Judge John L. Weinberg on 10/30/09.(Benson, A.) 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-01288-RSL-JLW ) v. ) ) M. KRAMER, Warden, ) ORDER DEFERRING PREPARATION ) OF REPORT AND RECOMMENDATION Respondent. ) _____________________________________ ) The Board of Parole Hearings determined that petitioner should be denied a parole

06 JON R. CRAWLEY, 07 08 09 10 11 12

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

JOHN L. WEINBERG United States Magistrate Judge

A

ORDER DEFERRING REPORT AND RECOMMENDATION - 1