Brodheim v. Dickenson

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 11/9/10 GRANTING 18 Motion to file joint status report; status report due within 75 days; traverse deadline is vacated. (Manzer, C)

(HC) Brodheim v. Dickenson

Doc. 19

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

DANIEL J. BRODERICK, Bar #89424 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender Counsel Designated for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: [phone] Attorney for Petitioner MICHAEL BRODHEIM

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

MICHAEL BRODHEIM,

) ) Petitioner, ) ) v. ) ) KATHLEEN DICKENSON, Acting ) Warden, ) ) Respondent. ) ) _______________________________ )

NO. Civ. S 10-272 GEB CMK UNOPPOSED REQUEST TO FILE JOINT STATUS REPORT; ORDER Judge: Hon. Craig M. Kellison

Petitioner, MICHAEL BRODHEIM, by and through his counsel, Assistant Federal Defender David M. Porter, hereby requests that the Court enter the order lodged herewith directing the parties to file a joint status report within seventy-five (75) days from the service of the order for the reasons set forth below. In the above-entitled proceeding, Mr. Brodheim is challenging the state's 2007 decision to deny him parole. In a separate proceeding,

Michael J. Brodheim v. M. Veal, No. Civ. S 06-2326 LKK GGH, Mr. Brodheim is challenging the state's 2003 decision to deny him parole. In that

case, the district court granted Mr. Brodheim's petition on November 1,

Dockets.Justia.com

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

2010 and directed the Warden to release Mr. Brodheim within 45 days unless the Board held a new suitability hearing. The Board has set a new

parole suitability hearing for Mr. Brodheim on December 1, 2010. Accordingly, Mr. Brodheim respectfully requests this Court enter the order lodged herewith vacating the deadline for the filing of the traverse (CR #17), and setting a deadline for the filing of a joint status report within seventy-five (75) days of the date of the order. November 4, 2010, the undersigned spoke with counsel for respondent, Deputy Attorney General Pamela B. Hooley, who graciously indicated that she had no objection to this request. Dated: November 4, 2010 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /s/ David M. Porter DAVID M. PORTER Assistant Federal Defender Attorney for Petitioner MICHAEL J. BRODHEIM ORDER Having reviewed the unopposed request of petitioner, and good cause appearing therefor, it is hereby ORDERED that the order setting the deadline for the filing of the traverse (CR #17) is VACATED. The parties On

shall file a joint status report within seventy-five (75) days from the service of this order.

DATED: November 9,2010 _____________________________________ _ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2