London v. Subia et al

Filing 28

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/16/2010 ORDERING 18 the Court's 11/1/2010 order and 19 judgment entered thereon be modified to read: "Within 95 days of service of this order, the Petitioner SHALL BE RELEASED if the Parole Board has not held a new parole suitability hearing in accordance with due process as elucidated in this order." (Reader, L)

(HC) London v. Subia et al

Doc. 28

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

DANIEL J. BRODERICK, Bar #89424 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: [phone] Telecopier:[phone] Attorney for Petitioner RICHARD LONDON

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

RICHARD LONDON,

) ) Petitioner, ) ) v. ) ) R.J. SUBIA, et al., ) ) Respondents. ) ) _______________________________ )

Civ. S 07-1489 LKK CMK STIPULATION AND ORDER RE: NEW SUITABILITY HEARING Honorable LAWRENCE K. KARLTON

Pursuant to Local Rule 143, Petitioner, RICHARD LONDON, by and though his attorney, Assistant Federal Defender David M. Porter, and Respondents, R.J. SUBIA, et al., by and through their attorney, Supervising Deputy Attorney General Jennifer A. Neill, stipulate as follows: (1) Whereas this Court entered an order on November 1, 2010

granting the petition for writ of habeas corpus and directing the Warden to release Mr. London within 45 days from service of the order unless the Parole Board held a new parole suitability hearing in accordance with due process and the findings of facts and conclusions of law contained within the court's order and judgment thereon, which was entered the same day;

Dockets.Justia.com

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

(2)

the Warden filed a notice of appeal and emergency motion to

stay the order granting the petition, which motion was denied by the Ninth Circuit Court of Appeals on November 16, 2010; (3) the California Board of Parole Hearings scheduled Mr.

London's new suitability hearing for November 17, 2010; (4) because Mr. London desires to have Mr. Porter represent him

at the new suitability hearing, but the latter does not have sufficient time to prepare if the hearing is held on November 17, 2010, Mr. London requests that the new suitability hearing be rescheduled for the next available hearing calendar; (5) accordingly, the parties agree and stipulate that pursuant to

Rule 59(e), Federal Rules of Civil Procedure, the Court's November 1, 2010 order and judgment entered thereon be modified to read: "Within

ninety-five (95) days of service of this order, the Petitioner SHALL BE RELEASED if the Parole Board has not held a new parole suitability hearing in accordance with due process as elucidated in this order." DATED: November 16, 2010

Respectfully submitted, EDMUND G. BROWN, Jr. Attorney General /s/ Jennifer A. Neill JENNIFER A. NEILL Supervising Deputy A.G. Attorney for Respondent R.J. SUBIA IT IS SO ORDERED. Dated: November 16, 2010 DANIEL J. BRODERICK Federal Defender /s/ David M. Porter DAVID M. PORTER Assistant Federal Defender Attorney for Petitioner RICHARD LONDON

2