Benson v. Sisto et al

Filing 18

ORDER signed by Senior Judge James K. Singleton on 4/5/10 ORDERING that further proceedings in this case are STAYED pending a USCA mandate; should petitioner be released on parole, within 30 days petitioner shall inform the court of the action taken by the board of parole and his parole release date.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRANK KENNETH BENSON, No. 2:07-cv-02244-JKS Petitioner, STAY ORDER vs. GARY SWARTHOUT, Warden (A), California State Prison, Solano, Respondent.

At Docket No. 16 the Court entered its Order to Show Cause why this matter should not be stayed pending the decision of the United States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, 512 F.3d 536, reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008). Respondent concurred. Docket No. 17. Petitioner did not respond and the time for response has lapsed. IT IS THEREFORE ORDERED THAT further proceedings in this matter are stayed pending the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, 512 F.3d 536, reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008), Case No. 06-55392. IT IS FURTHER ORDERED THAT, should the Petitioner be granted parole, not later than 30 days after the decision of the Board of Parole Hearings becomes effective, Respondent is directed to inform this Court of the action of the Board and the date Petitioner is scheduled to be released on parole. Dated: April 5, 2010. /s/ James K. Singleton, Jr. JAMES K. SINGLETON, JR. United States District Judge