Liebb v. Ayers
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 08-2643 CW
United States District Court
For the Northern District of California
FOR WRIT OF HABEAS
R. AYERS JR.,
On December 2, 2009, this Court granted Petitioner's petition
for writ of habeas corpus and ordered the California Board of
Parole Hearings to hold a parole hearing for Petitioner.
14, 2011, the Ninth Circuit reversed and remanded this Court's
decision in light of Swarthout v. Cooke, 131 S. Ct. 859 (2011).
The Supreme Court's holding in Swarthout appears to be dispositive
of the petition.
The parties have not filed any papers since the case was
remanded, and it appears that there are no remaining issues to be
decided in this case on remand.
the date of this order, either party shows cause to the contrary,
outlining the issues it believes remain to be decided on remand,
the Court will deny the petition for habeas corpus and the clerk
will enter a separate judgment.
Unless, within fourteen days of
IT IS SO ORDERED.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?