Mosley v. Wong

Filing 23

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 08/07/2012. (tmi, COURT STAFF) (Filed on 8/7/2012)

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DAVID W. SHAPIRO (219265)
KIERAN P. RINGGENBERG (208600)
ALEXIS J. LOEB (269895)
BOIES, SCHILLER & FLEXNER LLP
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

KAMALA D. HARRIS
Attorney General of California
CLAUDIA H. PHILLIPS
Supervising Deputy Attorney General
AMANDA J. MURRAY (223829)
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Respondent Michael Martel

Attorneys for Petitioner Ron Mosley

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RON MOSLEY

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Petitioner,
v.
MICHAEL MARTEL,

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Respondent.

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RON MOSLEY

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Petitioner,
v.
MICHAEL MARTEL,
Respondent.

) NO. C09-1749 THE
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) STIPULATION AND [PROPOSED]
) ORDER OF DISMISSAL
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) NO. C10-4907 THE
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STIPULATION AND [PROPOSED] ORDER

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Pursuant to the Court’s March 8, 2012 Order, Petitioner Ron Mosley and

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Respondent Michael Martel (together, the “Parties”) jointly submit this stipulation

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concerning further briefing in the above-captioned matters.

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WHEREAS, Respondent agreed that Mosley would remain released on bail

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pending the decision of a not-in-custody parole hearing scheduled for February 23, 2012;

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WHEREAS the Board of Parole Hearings (“Board”) found Mosley suitable for

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parole at the February 23, 2012 not-in-custody hearing, and Mr. Mosley thus remains on

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release;

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WHEREAS the Board’s decision became final on June 22, 2012, pursuant to
California Penal Code § 3041(b); and
WHEREAS, the Governor’s time to review the Board’s decision expired on July

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23, 2012, pursuant to California Penal Code § 3041.2, and the Governor took no action to

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disturb the Board’s decision by that date; and

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WHEREAS, the above-captioned petitions for a writ of habeas corpus are therefore

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moot because Mr. Mosley has been released on parole and that decision has become final;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their

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respective counsel of record, that Mr. Mosley’s petitions in the two above-captioned

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matters shall be dismissed as moot.

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Dated: August 3, 2012

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BOIES, SCHILLER & FLEXNER LLP
By: /s/ Kieran P. Ringgenberg

By: /s/ Amanda J. Murray

DAVID W. SHAPIRO (No. 219265)
[e-mail]
KIERAN P. RINGGENBERG (No.
208600)
[e-mail]
ALEXIS J. LOEB (No. 269895)
[e-mail]
BOIES, SCHILLER & FLEXNER LLP

KAMALA D. HARRIS
Attorney General of California
CLAUDIA H. PHILLIPS
Supervising Deputy Attorney General
AMANDA J. MURRAY (No. 223829)
Deputy Attorney General

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Pursuant to L.R. N.D. Cal. 5-1(c)(4) and 5-1(i)(3), the filer attests that concurrence
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in the filing of this document has been obtained from each of the above signatories.
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STIPULATION AND [PROPOSED] ORDER
STIPULATION AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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Having considered the parties’ August 3, 2012 stipulation, and for good cause

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shown, it is hereby ORDERED that the above-captioned matters are hereby dismissed

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with prejudice.

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_____________________________________
THELTON E. HENDERSON,nJUDGE
erso
E. Hend
TheltonDISTRICT COURT
UNITEDuSTATES
J dge

NO

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08/07
Dated: ____________, 2012

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IT IS SO ORDERED.

UNIT
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STIPULATION AND [PROPOSED] ORDER
STIPULATION AND [PROPOSED] ORDER

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