Mosby v. Kane

Filing 26

ORDER REQUESTING SUPPLEMENTAL BRIEFING: That no later than (10) ten-days from the date of this Order Respondent must send to Petitioner a copy of the Hayward en banc decision; no later than (30) thirty-days from the date of this Order Respondent must file/serve Supplemental Reply Brief; and no later than (30) thirty-days from the date of this Order, Petitioner must file/serve Supplemental Brief re 1 Petition for Writ of Habeas Corpus. Signed by Judge Saundra Brown Armstrong, on 5/24/10. (lrc, COURT STAFF) (Filed on 5/24/2010) Modified on 5/25/2010 (jlm, COURT STAFF). Modified on 5/25/2010 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:5/24/10 v. VINCENT MOSBY, Petitioner,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 07-04216 SBA (PR) ORDER REQUESTING SUPPLEMENTAL BRIEFING

ANTHONY P. KANE, Warden, Respondent. /

A recent en banc decision from the Ninth Circuit, Hayward v. Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. Apr. 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 each party an opportunity to submit a supplemental brief (not to exceed ten (10) pages in length) explaining his views of how the Hayward en banc decision applies to the facts presented in Petitioner's challenge to BPH's decision denying him parole. The Court sets the following schedule: 1. No later than ten (10) days from the date of this Order, Respondent must send to

petitioner a copy of the Hayward en banc decision. 2. No later than thirty (30) days from the date of this Order, Respondent must file and

serve any supplemental brief applying Hayward to the facts presented in Petitioner's case. 3. No later than thirty (30) days after the date Respondent's supplemental brief is filed,

Petitioner must file and serve any supplemental brief applying Hayward to the facts presented in his case. IT IS SO ORDERED.

SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

VINCENT MOSBY, Plaintiff, v. ANTHONY P KANE et al, Defendant. /

Case Number: CV07-04216 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 24, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Vincent A. Mosby H29851 CTF-Soledad P.O. Box 689 F-241-L Soledad, CA 93960-0689 Dated: May 24, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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