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Brooks v. Sisto

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 22, 2009

CHARLES H. BROOKS, PETITIONER,
v.
D. K. SISTO, ET. AL, RESPONDENT.

The opinion of the court was delivered by: James P. Hutton United States Magistrate Judge

ORDER DENYING MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFING AND GRANTING TEMPORARY STAY

(Ct Rec. 16)

On December 30, 2008, petitioner filed a motion requesting leave to file supplemental briefing. (Ct. Rec. 16.) The court has considered the motion and cases cited. Respondent has not filed a response.

The court finds the petitioner has not established the need for supplemental briefing in order to determine the issues presented on habeas review, but a stay of proceedings is appropriate in the interests of judicial economy.

IT IS ORDERED:

1. The petitioner's motion for leave to file supplemental briefing is denied (Ct Rec. 16).

2. Petitioner's request within the motion (Ct. Rec. 16) for a stay of proceedings pending the Ninth Circuit's en banc review in Hayward v. Marshall, 512 F. 3d 536 (2008), rehearing ordered, 527 F. 3d 797 (2008), is granted until further order of the court.

20090122

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