Ludlow v. Kramer

Filing 13

ORDER signed by Circuit Judge N. Randy Smith on 02/19/09 ORDERING that within 20 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 of Hayward. (Streeter, J)

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

JAMES LUDLOW, Petitioner, v. M.C. KRAMER, Warden, Folsom State Prison, Represa, California. ORDER No. 2:07­CV­01857­NRS

Petitioner Ludlow is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Ludlow challenges the California Board of Parole Hearings's (the "Board's") refusal to set a date for his release on parole due to Governor Arnold Schwarzenegger's 2006 reversal of the Board's grant of parole. After Ludlow 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 Ludlow's petition.

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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.

DATED: February 19, 2009

Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge

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