IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
June 1, 2010
FRANK KENNETH BENSON, PETITIONER,
MATT KRAMMER, WARDEN, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Mary M. Schroeder, United States Circuit Judge Sitting by designation
On April 7, 2009, this case was stayed pending the outcome of the en banc decision in Hayward v. Marshall. The Ninth Circuit has issued its opinion in this case. See Hayward v. Marshall, -- F.3d --, 2010 WL 1664977, (9th Cir. 2010) (en banc). The parties are directed to file simultaneous memoranda within thirty (30) days of this order on the applicability of Hayward to the pending petition. Briefs shall not exceed 2,000 words.
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