Liebb v. Ayers

Filing 21

ORDER TENTATIVE RULING DENYING PETITION FOR WRIT OF HABEAS CORPUS. Signed by Judge Claudia Wilken on 1/29/2013. (ndr, COURT STAFF) (Filed on 1/29/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 STEPHEN LIEBB, No. C 08-2643 CW Petitioner, 5 6 7 8 9 United States District Court For the Northern District of California 10 TENTATIVE RULING DENYING PETITION FOR WRIT OF HABEAS CORPUS v. R. AYERS JR., Respondent. ________________________________/ On December 2, 2009, this Court granted Petitioner's petition 11 for writ of habeas corpus and ordered the California Board of 12 Parole Hearings to hold a parole hearing for Petitioner. 13 14, 2011, the Ninth Circuit reversed and remanded this Court's 14 decision in light of Swarthout v. Cooke, 131 S. Ct. 859 (2011). 15 The Supreme Court's holding in Swarthout appears to be dispositive 16 of the petition. On April 17 The parties have not filed any papers since the case was 18 remanded, and it appears that there are no remaining issues to be 19 decided in this case on remand. 20 the date of this order, either party shows cause to the contrary, 21 outlining the issues it believes remain to be decided on remand, 22 the Court will deny the petition for habeas corpus and the clerk 23 will enter a separate judgment. 24 Unless, within fourteen days of IT IS SO ORDERED. 25 26 27 28 Dated: 1/29/2013 CLAUDIA WILKEN United States District Judge

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