Connally v. Sisto et al

Filing 17

ORDER signed by Circuit Judge Mary M. Schroeder on 6/1/2010 ORDERING that the parties are directed to file simultaneous memoranda within thirty (30) days of this order on the applicability of Hayward to the pending petition. Briefs shall not exceed 2,000 words.(Matson, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On April 7, 2009, this case was stayed pending the outcome of the en banc decision in In re PATRICK EUGENE CONNALLY, ) ) Petitioner, ) v. ) ) D. K. SISTO, ) Respondent. ) _____________________________________ ) Case No. 2:07-CV-02134-MMS ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 18 Hayward v. Marshall. The Ninth Circuit has issued its opinion in this case. See Hayward v. 19 Marshall, ­ F.3d ­, 2010 WL 1664977, (9th Cir. 2010) (en banc). The parties are directed to file 20 simultaneous memoranda within thirty (30) days of this order on the applicability of Hayward to 21 the pending petition. Briefs shall not exceed 2,000 words. 22 DATED: June 1, 2010 23 24 25 26 27 28 /s/ Mary M. Schroeder MARY M. SCHROEDER, United States Circuit Judge Sitting by designation

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