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Swygert v. Hubbard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 5, 2010

CURTIS LEE SWYGERT, PETITIONER,
v.
SUE HUBBARD, ET AL., RESPONDENT.

The opinion of the court was delivered by: Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge

ORDER

Petitioner Swygert is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Swygert challenges the Governor's decision reversing the 2006 decision by the California Board of Parole Hearings (BPH) finding him suitable for parole.

After Swygert's petition, the Ninth Circuit Court of Appeals granted rehearing en banc in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008), which may directly impact Swygert's petition.

On June 3, 2008, United States Magistrate Judge Gregory Hollows filed an order that petitioner show cause why this action should not be administratively stayed pending resolution of Hayward. On August 14, 2008, Judge Hollows filed Findings and Recommendations, recommending that the court administratively stay this action pending resolution of Hayward. Neither party filed written objections to these findings and recommendation.

Accordingly, IT IS HEREBY ORDERED that this action is STAYED pending the Ninth Circuit's resolution in Hayward.

20100105

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