Augustine v. Ayers

Filing 9

ORDER REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge Claudia Wilken on 5/21/2010. (ndr, COURT STAFF) (Filed on 5/21/2010)

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1 2 3 4 5 6 7 8 9 10 United States District Court United States District Court For the Northern District of California Northern District of California For the 11 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. Apr. 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 v. ROBERT L. AYERS, Warden, Respondent. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KEITH AUGUSTINE, Petitioner, No. C 08-05676 CW (PR) ORDER REQUESTING SUPPLEMENTAL BRIEFING each 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. The Court sets the following schedule: 1. No later than ten (10) days from the date of this Order, Respondent must send to Petitioner a copy of the Hayward en banc decision. 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 2. No later than thirty (30) days from the date of this Order, Respondent must file and serve any supplemental brief applying Hayward to the facts presented in Petitioner's case. 3. No later than thirty (30) days after the date Respondent's supplemental brief is filed, Petitioner must file and serve any supplemental brief applying Hayward to the facts presented in his case. IT IS SO ORDERED. Dated: 5/21/2010 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 2 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 Keith Augustine H-52270 4N65 u San Quentin State Prison San Quentin, CA 94974 Dated: May 21, 2010 KEITH AUGUSTINE, Plaintiff, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV08-05676 CW CERTIFICATE OF SERVICE ROBERT L. AYERS et al, Defendant. / 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 21, 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 3

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