Rosales v. Swarthout

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/11 ORDERING that on or before 12/23/11 petitioner shall file a further status report. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY SAUL ROSALES,

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Petitioner,
vs.
GARY SWARTHOUT,
Respondent.

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No. 2: 10-cv-2958 MCE KJN P

ORDER
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Petitioner is a state prisoner proceeding through counsel with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the February 26, 2008 and

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November 4, 2009 decisions by the California Board of Parole Hearings finding petitioner

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unsuitable for parole.

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On December 10, 2010, this action was stayed pending resolution of petitioner’s

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state habeas petitions. Petitioner was directed to notify the court within ten days of the resolution

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of his state court proceedings. On August 20, 2011, petitioner filed a status report stating that his

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state actions are resolved. However, on July 18, 2011, he was granted parole. The Governor has

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until December 18, 2011 in which to review this decision.

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In the interest of judicial economy, this action will remain stayed until December
23, 2011. On or before that date, petitioner shall inform the court of the decision of the
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Governor. If the Governor reverses the decision of the Board of Parole Hearings, this action will

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be reopened.

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Accordingly, IT IS HEREBY ORDERED that on or before December 23, 2011

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petitioner shall file a further status report.

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DATED: September 2, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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