Thomas v. United States Parole Commission

Filing 2

ORDER TO SHOW CAUSE AND SETTING EXPEDITED BRIEFING AND HEARING SCHEDULE (Illston, Susan) (Filed on 11/28/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORDER TO SHOW CAUSE AND
SETTING EXPEDITED BRIEFING AND
HEARING SCHEDULE

Petitioner,

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No. C 11-5613 SI

RICKY THOMAS,

v.
UNITED STATES PAROLE COMMISSION,
Respondent.

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Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The
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petition alleges that petitioner accepted an offer from the United States Parole Commission to waive his
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right to a federal parole-revocation hearing in exchange for release from custody on November 20, 2011.
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The petition alleges that petitioner was not released from custody on November 20, 2011, and that the
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Commission is holding petitioner in custody unconstitutionally. Petitioner requests that the Court issue
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a writ of habeas corpus and order the Commission to immediately release petitioner.
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The Court finds that the claims raised in the petition are cognizable in a federal habeas action.
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The Clerk shall serve by certified mail a copy of this order, the petition and all attachments thereto upon
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United States Parole Commission, respondent, and on respondent’s attorney, the Attorney General of
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the United States and on the United States Attorney for the Northern District of California. The Clerk
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shall also serve a copy of this order on petitioner and petitioner’s counsel at the mailing address
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provided.
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In light of petitioner’s request for immediate release, the Court finds it appropriate to set an
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expedited briefing and hearing schedule. Respondent shall file an answer to the petition no later than

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December 5, 2011, and petitioner may file a reply by December 7, 2011. The Court will hold a hearing

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on the petition on December 9, 2011 at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: November 28, 2011
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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