Rodgers v. Sisto et al
Filing 15
ORDER signed by Senior Judge James K. Singleton on 1/7/2011 ORDERING that 1 Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus is GRANTED. IT IS FURTHER ORDERED THAT the denial of parole is vacated and this matter is remanded to the Californ ia Board of Parole Hearings for further proceedings consistent with the decisions of the California Supreme Court in re Lawrence, and in re Shaputis, as interpreted by Hayward v Marshall, Pearson v Munitz, and Pirtle v CA Board of Prison Terms. IT IS FURTHER ORDERED THAT, if the Board of Parole Hearings has not held a hearing within 120 days of the date of entry of this Order, the Secretary of the California Department of Corrections and Rehabilitation must release Rodgers to parole status. The Clerk of the Court is to enter final judgment accordingly. CASE CLOSED. (Duong, D)
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