Bulpitt v. Hartley, et al

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/09 and agreed between the parties to STAY proceedings in this matter pending resolution of all state court claims relating to the case, this matter is STAYED until further order of the court. (Yin, K)

1 EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of the State of California 2 DANE R. GILLETTE, State Bar No. 65925 Chief Assistant Attorney General 3 JULIE L. GARLAND, State Bar No. 179657 Senior Assistant Attorney General 4 JENNIFER A. NEILL, State Bar No. 184697 Supervising Deputy Attorney General 5 ROBERT C. CROSS, State Bar No. 65553 Deputy Attorney General 1300 I Street, Suite 125 6 Post Office Box 944255 Sacramento, CA 94244-2550 7 Telephone: [phone] Fascimile: [phone] 8 Email: [e-mail] 9 Attorneys for Respondent 10 11 12 13 14 15 16 17 18 19 20 21 Petitioner here contends that he was wrongfully denied parole in violation of his federal v. JAMES D. HARTLEY, et al., Respondents. DONALD CLAUDE BULPITT, Petitioner, 2:08-cv-00898-WBS-EFB STIPULATION TO STAY PROCEEDINGS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

22 rights. Petitioner has made the same contention before the California state courts. With respect 23 to some of the issues relating to this claim, Petitioner has sought and been denied relief by the 24 California Supreme Court. However, with respect to other issues, and the ultimate question 25 itself, Petitioner is still pursuing remedies before the state courts. 26 Respondent contends that Petitioner has not yet exhausted his state remedies in this action.

27 Although Petitioner does not admit that he has not yet exhausted his state remedies, he does 28 agree that this matter would be most efficiently and economically presented to the federal court
STIPULATION TO STAY

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1 if and when he is ultimately denied relief before the state courts. If Petitioner is granted relief 2 before the state courts, Respondent would likely move to dismiss this action for mootness. 3 Petitioner would oppose such a motion on the ground that if his petition before this Court is 4 granted, Petitioner would be entitled to the credit of this unlawful custody time against his five5 year parole period. If Petitioner is denied relief before the state courts, Petitioner would likely 6 seek federal relief and move to consolidate all claims in a single case. 7 Until all state court claims relating to this case are resolved, the parties mutually agree and

8 stipulate that this federal action be stayed. Either party may at any time move the Court to 9 dissolve or modify this stay based upon changed or future circumstances. 10 Therefore, the parties request that this Court stay this matter until further order of the

11 Court. 12 13 14 Dated: 15 16 17 Dated: 18 19 20 21 22 23 24 25 26 27
SA2008305974

February 25, 2009

/ s / Robert C. Cross Robert C. Cross Attorney for Respondent

February 25, 2009

/ s/ Carrie Kojimoto (as authorized on 2/25/09) Carrie Kojimoto Attorney for Petitioner

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STIPULATION TO STAY

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Pursuant to the stipulation to stay proceedings in this matter pending resolution of all state v. JAMES D. HARTLEY, et al., Respondents. DONALD CLAUDE BULPITT, Petitioner, 2:08-cv-00898-WBS-EFB
--PROPOS---D-- ORDER [ --------------- E -- ]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

GRANTING STIPULATION TO STAY PROCEEDINGS

20 court claims relating to the case, this matter is stayed until further order of the court. 21 Dated: April 14, 2009 22 23 24 25 26 27
SA2008305974

EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER

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