Escarcega v. Curry

Filing 12

ORDER PERMITTING SUPPLEMENTAL BRIEFS (not to exceed 15 pages in length). Respondent must send to petitioner a copy of Hayward en Bank decision no later than 5/10/10. Respondent must file and serve any supplemental brief on the impact of Hayward on t his action no later than 5/28/10. Petitioner must file and serve any supplemetnal brief on the impact of Hayward on this action no later than 7/2/10. (SI, COURT STAFF) (Filed on 4/28/2010) (Additional attachment(s) added on 4/29/2010: # 1 cs) (ys, COURT STAFF).

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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 RAUL ESCARCEGA, Petitioner, v. BEN CURRY, warden, Respondent. / No. C 08-1203 SI (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 each party an opportunity to submit a supplemental brief (not to exceed 15 pages in length) explaining his 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 27, 2010 SUSAN ILLSTON United States District Judge

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