Guardado v. Davis et al

Filing 12

ORDER STAYING CASE. Signed by Judge Claudia Wilken on January 20, 2010. (cwlc1, COURT STAFF) (Filed on 1/20/2010)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 7, 2008, Petitioner Paul Albert Guardado, a state prisoner incarcerated at the Correctional Training Facility at Soledad, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition is directed to his sixth denial of v. J. DAVIS, et al., Respondents. / PAUL ALBERT GUARDADO, Petitioner, FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 08-03268 CW ORDER STAYING PETITION FOR WRIT OF HABEAS CORPUS IN THE UNITED STATES DISTRICT COURT

parole by the Board of Parole Hearings (Board) on September 25, 2007. On April 9, 2008, in Guardado v. Perez, consolidated case number C 05-00194 CW, a habeas petition challenging the Board's 2002, 2003, 2004 and 2006 denials of parole to Petitioner, the Court granted habeas relief and remanded to the Board to hold a new hearing and re-evaluate Petitioner's suitability for parole. However, Petitioner remains in custody. Defendant's appeal of the

Court's December 14, 2009 Order Granting Petitioner's Motion to Enforce Judgment By Release of Prisoner is now before the Ninth Circuit Court of Appeal. On December 23, 2009, the Ninth Circuit

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

granted Respondent's motion for a stay of the December 14, 2009 Order pending appeal. If the Ninth Circuit affirms the December 14, 2009 Order, the instant petition challenging the Board's later denial of parole will become moot. Therefore, the Court will stay this case pending The parties

resolution of the appeal in case number C-05-0194 CW.

shall file with the Court quarterly status reports of the proceedings before the Ninth Circuit.

IT IS SO ORDERED.

Dated: January 20, 2010

CLAUDIA WILKEN United States District Judge

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