DaSilva v. District Court of the Eight Judicial District, Cascade et al

Filing 50

ORDER. DaSilva's motion for immediate release 39 is DENIED. Signed by Judge Donald W. Molloy on 6/19/2014. Mailed to DaSilva. (TAG, )

FILED
JUN 19 2014
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

ROBERT AYRES DASILVA, JR.,

CIer1t, u.s. District Court
District Of Mon;" .1
Missoula

CV 13-25-GF-DWM-RKS

Petitioner,
ORDER

vs.
WARDEN SAM LAW; ATTORNEY
GENERAL OF THE STATE OF
MONTANA,
Respondents.

Robert Ayres DaSilva, Jr. requests this Court order his immediate release
from custody on the grounds that his writ for habeas corpus has been conditionally
granted. (Doc. 39.) The United States Supreme Court "has repeatedly stated that
federal courts may delay the release of a successful habeas petitioner in order to
provide the State an opportunity to correct the constitutional violation found by
the court." Hilton v. Braunskill, 481 U.S. 770, 775 (1987).
Accordingly, IT IS ORDERED that DaSilva's motion for immediate release
(Doc. 39) is DENIED. However, should the State fail to reinitiate state

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proceedings against DaSilva within the 60-day period, DaSilva will be released.

See Harvest v. Castro, 531 F.3d 737, 742 (9th Cir. 2008) (if the state fails to act
within the prescribed period, the petitioner is released).

Dated this jf'day DfJune, 2014.

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