Villarreal v. Chavez

Filing 5

ORDER GRANTING REQUEST TO HOLD HABEAS CORPUS PETITION IN ABEYANCE by Judge William Alsup [granting 4 Motion to Stay]. (whasec, COURT STAFF) (Filed on 5/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ROBERT D. VILLARREAL,
No. C 13-00416 WHA

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Petitioner,
v.
ORDER GRANTING REQUEST
TO HOLD HABEAS CORPUS
PETITION IN ABEYANCE

FRANK X. CHAVEZ, Warden,
Respondent.
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Petitioner Robert D. Villarreal requests that this Court hold his pending habeas corpus

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petition in abeyance while he pursues re-sentencing under newly-enacted California law.

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Petitioner filed a declaration stating that respondent does not oppose the request. A response to

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the request was due by May 7, 2013, and none was received.

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In November 2012, California Penal Code Section 1170.126 became law, permitting

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prisoners like petitioner to seek re-sentencing. Petitioner has a hearing on his re-sentencing

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request set for July 2013. Good cause exists here to hold the present petition in abeyance

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because petitioner has diligently pursued his state claim for re-sentencing. Based on the

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particular circumstances herein and the short time until petitioner’s hearing, petitioner’s request

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is GRANTED. The habeas corpus petition will be held in abeyance until AUGUST 26, 2013.

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By August 26, petitioner must file a case management statement updating the court on

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the status of his re-sentencing. To the extent that petitioner seeks any further stay, he must file a

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proper motion, supported by legal authority and on an adequate factual basis.

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IT IS SO ORDERED.

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Dated: May 17, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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