Haggard v. Curry

Filing 25

ORDER LIFTING STAY. Parties' optional supplemental briefing is due 3/17/10 (SI, COURT STAFF) (Filed on 3/10/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 9, 2010 SUSAN ILLSTON United States District Judge v. BEN CURRY, Respondent. / LEWIS HAGGARD, Petitioner, No. C 06-07658 SI ORDER LIFTING STAY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On September 3, 2008, this Court entered a stay of proceedings in this action pending the Ninth Circuit's en banc consideration in the case Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted by 527 F.3d 797 (9th Cir. 2008). More than a year has passed since the Court entered the stay, and the Ninth Circuit has yet to issue an en banc decision in Hayward. Under these circumstances, maintaining the stay of this case is no longer warranted because it could result in a very lengthy delay in the disposition of petitioner's claims. Accordingly, the Court hereby LIFTS the stay in this action and submits the matter for decision. This matter is fully briefed. However, should either party wish to submit supplemental briefing for the Court's consideration, they may do so no later than March 17, 2010. The Court will issue an order shortly thereafter.

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