Lewis v. Schwarzenegger et al

Filing 26

ORDER Requesting Supplemental Briefing re 1 Petition for Writ of Habeas Corpus filed by Charles W. Lewis Signed by Judge Claudia Wilken on May 17, 2010. (cwlc1, COURT STAFF) (Filed on 5/17/2010)

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1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A recent en banc decision from the Ninth Circuit, Hayward v. Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. April 22, 2010) (en banc), addressed important issues relating to federal habeas review of Board of Parole Hearings (BPH) decisions denying parole to California state prisoners. Therefore, the Court will provide the v. SUZAN L. HUBBARD, Acting Warden, Respondent. / CHARLES W. LEWIS, Petitioner, ORDER REQUESTING SUPPLEMENTAL BRIEFING No. C 07-2465 CW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA parties an opportunity to submit a supplemental brief (not to exceed ten (10) pages in length) explaining their views of how the Hayward en banc decision applies to the facts presented in Petitioner's challenge to BPH's decision denying him parole. // // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court sets the following schedule: 1. No later than June 3, 2010, Respondent must file and serve any supplemental brief applying Hayward to the facts presented in Petitioner's case. 2. No later than June 24, 2010, Petitioner must file and serve any supplemental brief applying Hayward to the facts presented in his case. IT IS SO ORDERED. Dated: May 17, 2010 CLAUDIA WILKEN United States District Judge 2

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