Carr, Jr. v. Cate

Filing 25

STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 7/28/2011 re 24 Stipulation and Proposed Order ORDERING Case STAYED until 10/21/2011, current pleading schedule is VACATED; On 10/21/2011, parties shall file status reports regarding the outcome of the 9/21/2011 hearing and the need, if any, for further pleadings or briefs. (Waggoner, D)

1

DANIEL J. BRODERICK, #89424
Federal Defender

2
3
4
5

CAROLYN M. WIGGIN, Bar #182732
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]

6
7

Attorney for Petitioner
CHARLES H. CARR, JR.

8
9
10

IN THE UNITED STATES DISTRICT COURT

11

FOR THE EASTERN DISTRICT OF CALIFORNIA

12
13
14

CHARLES H. CARR, JR.,

15
16
17

Petitioner,
v.
MATTHEW CATE, Warden,

18
19

Respondent.
____________________________________

)
)
)
)
)
)
)
)
)
)
)

NO. 2:10-cv-01778-MCE-JFM
STIPULATION AND ORDER STAYING CASE
UNTIL OCTOBER 21, 2011

Judge: Hon. John F. Moulds

20
Petitioner, CHARLES H. CARR, JR., by and through counsel, Assistant Federal Defender Carolyn
21
M. Wiggin, and Respondent, Warden MATTHEW CATE, by and through counsel, Deputy Attorney
22
General Pamela B. Hooley, hereby stipulate to and jointly request a stay of the proceedings in this matter
23
until October 21, 2011.
24
This request is made because Mr. Carr is currently on parole pursuant to this Court’s order in
25
related case nos. 2:04-cv-00584-MCE-JFM, 2:05-cv-01870-MCE-JFM, and 2:05-cv-01871-MCE-JFM.
26
On June 28, 2011, the Ninth Circuit reversed the judgments in those three cases and remanded the cases to
27
28

Stipulation and Order
00280861.wpd

1

1

this Court for further proceedings. See Carr v. Sisto, No. 09-15615, Carr v. Woodford, No. 09-15616,

2

and Carr v. Horel, No. No. 09-15617. Rather than immediately seek Mr. Carr’s return to state prison, the

3

California Board of Parole Hearings (“BPH”) has agreed to give Mr. Carr a “Not in Custody,” or “NIC”

4

hearing on September 21, 2011. At that hearing BPH officials will decide whether or not they are willing

5

to allow Mr. Carr to remain on parole for the remainder of his parole term. If the BPH decides that Mr.

6

Carr can remain on parole for the remainder of his parole term, after which he will be discharged from

7

parole if he successfully serves his parole term, then this case and the related district court cases will

8

become moot.

9

In order to conserve judicial resources, the parties ask that the Court stay this case until the parties

10

know the outcome of the September 21, 2011 hearing. The parties further ask that the current pleading

11

schedule be vacated. The parties ask that this case be stayed until October 21, 2011, on which date the

12

parties will file status reports regarding the outcome of the September 21, 2011, hearing, and the need, if

13

any, for any further pleadings or briefs.

14
15

Respectfully submitted,

16

DANIEL BRODERICK
Federal Defender

17
18

Dated: July 22, 2011

19
20

/s/ Carolyn M. Wiggin
CAROLYN M. WIGGIN
Assistant Federal Defender
Attorneys for Petitioner
CHARLES H. CARR

21
22
KAMALA D. HARRIS
Attorney General of the State of California

23
24
Dated: July 22, 2011
25

/s/ Pamela B. Hooley
PAMELA B. HOOLEY
Deputy Attorney General

26
Attorneys for Respondents
27
28

Stipulation and Order
00280861.wpd

2

1

ORDER

2

Pursuant to the parties’ stipulation, and good cause appearing therefor, it is hereby ORDERED that

3

this matter is stayed until October 21, 2011, and the current pleading schedule is VACATED. On October

4

21, 2011, the parties shall file status reports regarding the outcome of the September 21, 2011, hearing,

5

and the need, if any, for any further pleadings or briefs.

6

IT IS SO ORDERED.

7
8

Dated: July 28, 2011.

9
10
11
12

carr1778.sty

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulation and Order
00280861.wpd

3