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Rasmussen v. Sisto

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF CALIFORNIA


January 26, 2010

DONALD LEWIS RASMUSSEN, PETITIONER,
v.
D.K. SISTO, RESPONDENT.

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

ORDER

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

After Rasmussen'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 Rasmussen's petition. Accordingly, on December 30, 2009, this court ordered the parties to show cause why this action should not be administratively stayed pending the Ninth Circuit's resolution of Hayward.

Respondent filed his response on January 12, 2010, arguing that this action should be stayed pending resolution of Hayward. Petitioner filed his response on January 21, 2010. Petitioner argues that, notwithstanding the pendency of Hayward, this court should act on his petition.

However, the BPH has found Petitioner unsuitable for parole and the issues raised in his petition involve the sufficiency of evidence to support the state's denial of his parole. The decision in Hayward could directly impact his claim. Accordingly, IT IS HEREBY ORDERED that this action be administratively stayed pending the Ninth Circuit's decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008).

20100126

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