Dowell v. Board of Prison Hearings

Filing 4

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

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 each v. BOARD OF PAROLE HEARINGS, Respondent. / KENNETH DOWELL, Petitioner, No. C 08-01683 CW (PR) ORDER REQUESTING SUPPLEMENTAL BRIEFING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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. // //

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The Court sets the following schedule: 1. No later than May 26, 2010, Respondent must send to

Petitioner a copy of the Hayward en banc decision. 2. No later than June 4, 2010, Respondent must file and

serve any supplemental brief applying Hayward to the facts presented in Petitioner's case. 3. No later than July 11, 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

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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 KENNETH DOWELL, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-01683 CW CERTIFICATE OF SERVICE

BOARD OF PRISON HEARINGS et al, Defendant. /

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 17, 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. Kenneth Dowell C-78669 1-N-26U San Quentin Prison San Quentin, CA 94974 Dated: May 17, 2010 Richard W. Wieking, Clerk By: Ronnie Hersler, Administrative Law Clerk

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