Holder v. Curry

Filing 6

ORDER REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge Claudia Wilken on 5/6/2010. (ndr, COURT STAFF) (Filed on 5/6/2010)

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. BEN CURRY, Warden, Respondent. / KEITH HOLDER, Petitioner, ORDER REQUESTING SUPPLEMENTAL BRIEFING No. C 08-2572 CW (PR) 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. // //

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 2 Dated: 5/6/2010 CLAUDIA WILKEN United States District Judge IT IS SO ORDERED. The Court sets the following schedule: 1. No later than May 10, 2010, Respondent must send to

Petitioner a copy of the Hayward en banc decision. 2. No later than May 28, 2010, Respondent must file and

serve any supplemental brief applying Hayward to the facts presented in Petitioner's case. 3. No later than July 2, 2010, Petitioner must file and

serve any supplemental brief applying Hayward to the facts presented in his case.

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 Keith Holder E87291 P.O. Box 689 - FW233 Soledad, CA 93960 Dated: May 6, 2010 KEITH HOLDER, Plaintiff, v. BEN CURRY et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-02572 CW CERTIFICATE OF SERVICE

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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 6, 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.

Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

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