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George v. Sullivan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 24, 2010

HOLLISTER GEORGE, PETITIONER
v.
W.J. SULLIVAN, RESPONDENT.

The opinion of the court was delivered by: Honorable Anthony W. Ishii

STIPULATION AND [PROPOSED] ORDER RE: CONDITIONS OF RELEASE

Petitioner, HOLLISTER GEORGE, filed a Petition for Writ of Habeas Corpus challenging the Board of Parole Hearings' 2007 decision finding him unsuitable for parole, which this Court granted. Respondent appealed. Mr. George subsequently moved, under Rule 23(c), Federal Rules of Appellate Procedure, for his immediate release pending the outcome of the appeal. On September 13, 2010, this Court granted the motion and ordered Mr. George released from prison within fifteen days. The Court set a hearing at 1:30 p.m. on Monday, September 27, 2010, to determine what conditions, if any, shall be imposed on Mr. George's release in the event the parties were unable to stipulate to conditions of release.

The parties have agreed to the following conditions of release:

1. You shall report to and comply with the rules and regulations of the Pretrial Services Agency;

2. You shall report in person to the Pretrial Services Agency on the first working day following your release from custody;

3. You are to reside at a location approved by the pretrial services officer and not move or absent yourself from this residence for more than 24 hours without the prior approval of the pretrial services officer;

4. Your travel is restricted to the district of residence which may be in either the Eastern or Central Districts of California and you shall not travel outside the district of residence, unless otherwise approved in advance by the Pretrial Services Officer;

5. You shall not possess a firearm/ammunition, destructive device, or other dangerous weapon;

6. You shall refrain from any use of alcohol or any narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you shall notify Pretrial Services immediately of any prescribed medication(s). However, medical marijuana, prescribed or not, may not be used;

7. You shall submit to drug or alcohol testing as directed by the pretrial services officer;

8. You shall obtain no passport during the pendency of this case;

9. You shall not associate or have any contact with known gang members;

10. You shall report any contact with law enforcement to your pretrial services officer within 24 hours; and,

11. You shall participate in the home confinement program at the discretion of the Pretrial Services Officer and may be subject to either electronic monitoring (RF) or remote location monitoring (GPS). You shall abide by all the rules and requirements of the home confinement program as directed by Pretrial Services.

IT IS SO ORDERED. Mr. George shall be released on September 28, 2010.

The hearing set for September 27, 2010 is VACATED.

IT IS SO ORDERED.

20100924

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