Jackson v. Curry
ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFS. The parties are ordered to file supplemental briefs regarding the effect, if any, of the 9th Circuit's recent Hayward decision on the instant petition. Signed by Judge Maxine M. Chesney on June 16, 2010. (mmclc2, COURT STAFF) (Filed on 6/16/2010)
1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 13, 2008, petitioner Alex Jackson, a California prisoner represented by counsel, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging a December 14, 2005 decision by the California Board of Parole Hearings ("Board") to deny petitioner parole. Respondent has filed an answer to the petition and petitioner has filed a traverse. Additionally, respondent has filed a motion to dismiss, which motion is fully briefed. A recent decision by the Ninth Circuit addresses important issues relating to federal review of parole decisions. See Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc). Consequently, the parties will be directed to file supplemental briefs setting forth their respective views as to the effect, if any, of the Hayward en banc decision on the Court's determination of the instant petition. Accordingly, the Court hereby sets the following briefing schedule: 1. No later than July 6, 2010, respondent shall file and serve on petitioner a United States District Court ALEX JACKSON, Petitioner, v. BEN CURRY, Warden, Respondent. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C-08-0923 MMC ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFS
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supplemental brief addressing the impact of Hayward on the instant action. 2. No later than July 26, 2010, petitioner shall file and serve on respondent either a supplemental brief addressing the impact of Hayward on the instant action or a notice that he does not intend to file such a brief. 3. The parties' respective supplemental briefs shall not exceed fifteen pages in length. 4. The matter will be deemed submitted on the date petitioner's supplemental brief is due. No extensions of time will be granted to file the supplemental briefs absent a showing of good cause.
IT IS SO ORDERED. Dated: June 16, 2010 MAXINE M. CHESNEY United States District Judge
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