Lollis v. Haviland

Filing 22

ORDER signed by Judge Morrison C. England, Jr on 10/26/10 ORDERING that parties are to submit, within 30 days, additional briefing to address Respondent's claim that the "some evidence standard" does not apply to Petitioner's claim. (Owen, K)

(HC) Lollis v. Haviland

Doc. 22

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 ----oo0oo---Petitioner, a pro se state prisoner, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate v. J.W. HAVILAND, et al. Respondents. KEITH LOLLIS, Petitioner, ORDER No. 2:09-cv-03558-MCE-GGH UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and E.D. Cal. Local Rule 302. The Court is in receipt of Magistrate Judge Hollow's Findings and Recommendations regarding Respondent's Motion to Dismiss (ECF. No. 11). /// /// /// 1

Dockets.Justia.com

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In light of the decision in Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010), this Court requests additional briefing by both parties to address Respondent's claim that the "some evidence standard" does not apply to Petitioner's claim. Such briefs are

to be filed within thirty (30) days of the date that this order is electronically filed. IT IS SO ORDERED. Dated: October 26, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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