Oliver v. Ayers

Filing 13

ORDER PERMITTING SUPPLEMENTAL BRIEFING; Signed by Judge Marilyn Hall Patel on 4/28/2010. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 4/29/2010)

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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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA LUKE E. OLIVER, Petitioner, v. ROBERT AYERS, warden, Respondent. / No. C 07-2233 MHP (pr) ORDER PERMITTING SUPPLEMENTAL BRIEFS A recent en banc decision from the Ninth Circuit addressed important issues relating to federal review of parole decisions, Hayward v Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. April 22, 2010) (en banc). The court will provide the parties an opportunity to submit supplemental briefs (not to exceed 15 pages in length) explaining their views of how the Hayward en banc decision applies to this parole denial habeas case. The court sets the following schedule: 1. No later than May 10, 2010, respondent must send to petitioner a copy of the Hayward en banc decision. 2. No later than May 28, 2010, respondent must file and serve any supplemental brief on the impact of Hayward on this action. 3. No later than July 2, 2010, petitioner must file and serve any supplemental brief on the impact of Hayward on this action. IT IS SO ORDERED. DATED: April 28, 2010 _______________________ Marilyn Hall Patel United States District Judge

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