Contreras v. Subia et al
Filing
11
ORDER signed by Circuit Judge N. Randy Smith on 2/19/09. ORDERING that, within twenty days of the date of this order, the parties shall show cause why this action should not be administratively stayed pending the Ninth Circuit's resolution in Hayward.(Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
JOSEPH CONTRERAS, Petitioner, v. R.J. SUBIA, Warden, Mule Creek State Prison, Respondent. ORDER No. 2:07CV01626NRS
Petitioner Contreras is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Contreras challenges the California Board of Parole Hearings's refusal to grant him parole. After Contreras filed his petition, the Ninth Circuit Court of Appeals granted rehearing en banc in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 527 F.3d 797 (9th Cir. May 16, 2008), which may directly impact Contreras's petition. Accordingly, IT IS HEREBY ORDERED that, within twenty days of the date of this order, the parties shall show cause why this action should not be administratively stayed pending the Ninth Circuit's resolution in Hayward.
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DATED: February 19, 2009
Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge
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