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Rosales v. California Board of Parole Hearings

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 20, 2009

DANNY SAUL ROSALES, PETITIONER,
v.
CALIFORNIA BOARD OF PAROLE HEARINGS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Robert H. Whaley United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION TO STAY PROCEEDINGS

On March 5, 2009, Magistrate Judge Hutton entered a Report and Recommendation, recommending that Petitioner's Petition Under 28 U.S.C. § 2254 For Writ of Habeas Corpus by a Person in State Custody (Ct. Rec. 1) be stayed (Ct. Rec. 28). Counsel for Respondent agrees that the Court should issue a temporary stay (Ct. Rec. 27). Petitioner objects to the proposed stay (Ct. Rec. 26).

No objections were filed to the Magistrate's recommendation that the above-captioned case be stayed.

Having reviewed the Report and Recommendation and the files and records herein and taking into account the interests of efficient and orderly judicial proceedings, the Court adopts the Magistrate Judge's Report and Recommendation in its entirety.

Accordingly, IT IS HEREBY ORDERED:

1. The Report and Recommendation to Order Stay of Proceedings (Ct. Rec. 28) is ADOPTED, in its entirety.

2. Petitioner's Petition under 28 U.S.C. § 2254 For Writ of Habeas Corpus by a Person in State Custody (Ct. Rec. 1) is STAYED.

3. The parties are directed to file a status certification within 30 days from the date of the final disposition of the en banc rehearing granted in Hayward v. Marshall, 527 F.3d 979 (9th Cir. 2008).

IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward copies to Petitioner and counsel.

20090420

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