IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 23, 2008
DAVID WAYNE JOHNSON, PETITIONER,
D.K. SISTO, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2007 decision by the California Board of Parole Hearings (BPH), at his second subsequent parole hearing, denying him parole.
On May 16, 2008, the Ninth Circuit granted rehearing en banc in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008). In response to the Order, filed on October 21, 2008, directing a response to petitioner's habeas application within sixty days, respondent, on December 19, 2008, filed a request to stay this action pending the Ninth Circuit's decision in Hayward.
Accordingly, IT IS HEREBY ORDERED that within twenty days of the date of this order, petitioner shall show cause why this action should not be administratively stayed pending the Ninth Circuit's decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, __ F.3d __, No. 06-55392 (9th Cir. filed May 16, 2008).
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