Sargent v. Clay

Filing 16

ORDER to SHOW CAUSE signed by Circuit Judge N. Randy Smith on 12/30/09 ORDERING that, within twenty days of the date of this order, the parties shall show cause why this action should not be administrative stayed pending the Ninth Circuit's resolution in Hayward. (Mena-Sanchez, L)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JEFFREY SCOTT SARGENT, Petitioner,

2:07 ­CV­02001 ­NRS

ORDER v. I.D. CLAY, Respondent.

P e titio n e r Sargent is a state prisoner proceeding pro se with a petition for writ o f habeas corpus pursuant to 28 U.S.C. § 2254. Sargent challenges the decision by th e California Board of Parole Hearings (BPH) finding him unsuitable for parole. A f te r Sargent's petition, the Ninth Circuit Court of Appeals granted rehearing en b a n c in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 5 2 7 F.3d 797 (9th Cir. 2008), which may directly impact Sargent's petition. A c c o rd in g ly, IT IS HEREBY ORDERED that, within twenty days of the date o f this order, the parties shall show cause why this action should not be a d m in is tra tiv e ly stayed pending the Ninth Circuit's resolution in Hayward.

DATED:

December 30, 2009

____________________________ Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge

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