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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN LIEBB,
No. C 08-2643 CW
Petitioner,

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United States District Court
For the Northern District of California

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TENTATIVE RULING
DENYING PETITION
FOR WRIT OF HABEAS
CORPUS

v.
R. AYERS JR.,
Respondent.
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On December 2, 2009, this Court granted Petitioner's petition

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for writ of habeas corpus and ordered the California Board of

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Parole Hearings to hold a parole hearing for Petitioner.

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14, 2011, the Ninth Circuit reversed and remanded this Court's

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decision in light of Swarthout v. Cooke, 131 S. Ct. 859 (2011).

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The Supreme Court's holding in Swarthout appears to be dispositive

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of the petition.

On April

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The parties have not filed any papers since the case was

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remanded, and it appears that there are no remaining issues to be

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decided in this case on remand.

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the date of this order, either party shows cause to the contrary,

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outlining the issues it believes remain to be decided on remand,

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the Court will deny the petition for habeas corpus and the clerk

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will enter a separate judgment.

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Unless, within fourteen days of

IT IS SO ORDERED.

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Dated: 1/29/2013
CLAUDIA WILKEN
United States District Judge