Matheney v. Kane

Filing 16

ORDER FOR SUPPLEMENTAL BRIEFING; Signed by Judge Marilyn Hall Patel on 10/1/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 10/2/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 United States District Court For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KELLY MATHENEY, Petitioner, v. A. P. KANE, warden, Respondent. / No. C 06-3965 MHP (pr) ORDER FOR SUPPLEMENTAL BRIEFING En banc review is now pending in Hayward v Marshall, 512 F3d 536 (9th Cir), reh'g en banc granted, 527 F3d 797 (9th Cir 2008), in which important issues related to habeas petitions challenging the denial of parole in California may be decided. The en banc oral argument has occurred and the second round of supplemental briefing is in progress in Hayward. In light of the possibility that the Hayward en banc decision may affect the analysis of this parole denial case, the court requests supplemental briefing on it. Accordingly, within ten days of the date the en banc decision in Hayward is issued, respondent must send a copy of that decision to petitioner. Within twenty days of the date the decision is issued, respondent must file and serve a supplemental brief (if any) on the impact of Hayward on this action. Within forty-five days of the date the decision is issued petitioner must file and serve his supplemental brief (if any) on the impact of Hayward on this action. IT IS SO ORDERED. DATED: October 1, 2008 Marilyn Hall Patel United States District Judge

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