Stallsworth v. Sisto et al

Filing 20

MEMORANDUM DECISION signed by Senior Judge James K. Singleton on 1/11/2011 ORDERING that the Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254 is GRANTED. The denial of parole is vacated and this matter is remanded to the California Board o f Parole Hearings for further proceedings consistent with the decisions of the California Supreme Court in In re Lawrence, and In re Shaputis. If the Board of Parole Hearings has not held a hearing within 120 days of the date of entry of this Order, the Secretary, California Department of Corrections and Rehabilitation, must release Bowie to parole status. IT IS FURTHER PROVIDED THAT nothing in this Order is intended to, nor may it be construed as, restricting or otherwise inhibiting, directly or indirectly, the authority of the Secretary, California Department of Corrections and Rehabilitation, to set restrictions or conditions on the grant of parole to the extent otherwise provided by the laws of the State of California. The Clerk of the Court is to enter final judgment accordingly. CASE CLOSED. (Duong, D)

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