Hawks v. Curry et al

Filing 31

ORDER by Judge Jeffrey S. White GRANTING IN PART 25 Motion to Stay. (jswlc3, COURT STAFF) (Filed on 9/30/2010)

Hawks v. Curry et al

Doc. 31

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA HAROLD HARVEY HAWKS, Petitioner, v. BEN CURRY, Respondent. / No. C 08-04605 JSW ORDER GRANTING IN PART MOTION TO STAY

United States District Court

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For the Northern District of California

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On September 22, 2010, the Court granted Harold Harvey Hawks' Petition for a Writ of Habeas Corpus. In the Order granting the Petition, the Court ordered that, within twenty-one days, the California Board of Parole Hearings must calculate a term for Hawks and set an imminent date for his release in accordance with Section 3041(a) of the California Penal Code. On September 24, 2010, Respondent filed a motion for a stay of the Order and Judgment dated September 22, 2010, pending appeal. Having considered the factors set forth in Hilton vs. Braunskill, 481 U.S. 770, 776 (1987), the Court finds they weigh against granting a stay of the Order and Judgment pending resolution of Respondent's appeal. In the alternative, Respondent asked for a temporary stay of the Order and Judgment in order to seek a stay in the Ninth Circuit. Good cause appearing, the Court shall grant that request. Accordingly, the Order and Judgment dated September 22, 2010, are stayed for a // // //

Dockets.Justia.com

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period of twenty-one days in order to permit Respondent time to seek a stay in the Ninth Circuit. IT IS SO ORDERED. Dated: September 30, 2010 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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