UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 30, 2009
RICARDO HERNANDEZ, PETITIONER,
R.J. SUBIA, WARDEN, RESPONDENT.
The opinion of the court was delivered by: John L. Weinberg United States Magistrate Judge
ORDER DEFERRING PREPARATION OF REPORT AND RECOMMENDATION
Governor Schwarzenegger reversed the Board of Parole Hearings' determination that petitioner be granted a parole release date. The Governor found that his release from prison would pose an unreasonable risk of danger to society. Petitioner claims that the Governor's decision denied him due process of law. Based upon the Court's review of the entire record, the Court will defer submission of a Report and Recommendation until the filing of the en banc decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008).
DATED this 30th day of October, 2009.
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