Luther v. Curry

Filing 9

ORDER REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge Jeffrey S. White on 5/11/10. (jjoS, COURT STAFF) (Filed on 5/11/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. BEN CURRY, Warden, Respondent. KENNETH E. LUTHER, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. C 07-2565 JSW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ORDER REQUESTING SUPPLEMENTAL BRIEFING A recent en banc decision from the Ninth Circuit addressed important issues relating to federal review of parole decisions in California. See Hayward v. Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. April 22, 2010) (en banc). The Court requests that the parties submit supplemental briefs (not to exceed 12 pages in length) explaining their views on how the Hayward en banc decision applies to this parole denial habeas case. The Court sets the following schedule: 1. Within 10 days of this order, Respondent shall send to Petitioner a copy of the Hayward decision. 2. Within 30 days of this order, Respondent shall file with the court and serve on Petitioner a supplemental brief on the impact of Hayward on this action. 3. Within 15 days thereafter, Petitioner may file with the court and serve on Respondent a supplemental brief on the impact of Hayward on this action. IT IS SO ORDERED. DATED: May 11, 2010 JEFFREY S. WHITE United States District Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kenneth E. Luther D55450 P.O. Box 689 Soledad, CA 93960 Dated: May 11, 2010 v. B CURRY et al, Defendant. KENNETH E LUTHER, Plaintiff, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV07-02565 JSW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 11, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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