Johnson v. Moore

Filing 23

ORDER signed by Circuit Judge Marsha S. Berzon on 6/4/10 ORDERING that parties are to file a status report concerning Petitioner's status within 14 days of the filing of this order. Report shall be no longer than 5 pages and address specific questions concerning Petitioner's parole. (Owen, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 The Court is in receipt of Petitioner's fully briefed Petition for Writ of Habeas Corpus. (Dkt. 15 #s 1, 16, 18). A ruling on the petition was awaiting the decision of the en banc panel of the United 16 States Court of Appeals for the Ninth Circuit in Hayward v. Marshall, No. 06-55392. The en banc 17 panel issued its decision on April 22, 2010. See Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) 18 (en banc). 19 IT IS HEREBY ORDERED THAT: 20 The parties are directed to file a status report concerning Petitioner's status within 14 days 21 of the date this order is filed. The report shall be no more than five (5) pages and shall address the 22 following questions: Has Petitioner been paroled? If not, has he received a parole hearing 23 subsequent to the November 9, 2007 parole hearing at issue in this case? If so, what was the result? 24 Does Petitioner have a confirmed parole hearing date? Are there any other proceedings that may 25 affect his status? 26 27 28 vs. S T E V E MOORE, Warden, R e s p o n d e n t. ROBERT LEE JOHNSON, Petitioner, ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-cv-01425-MSB ORDER I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

D A T E D this 4th day of June, 2010.

/s / Marsha S. Berzon MARSHA S. BERZON U n ite d States Circuit Judge, sitting by designation

-2-