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Lollis v. Haviland

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 26, 2010

KEITH LOLLIS, PETITIONER,
v.
J.W. HAVILAND, ET AL. RESPONDENTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Petitioner, a pro se state prisoner, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and E.D. Cal. Local Rule 302.

The Court is in receipt of Magistrate Judge Hollow's Findings and Recommendations regarding Respondent's Motion to Dismiss (ECF. No. 11).

In light of the decision in Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010), this Court requests additional briefing by both parties to address Respondent's claim that the "some evidence standard" does not apply to Petitioner's claim. Such briefs are to be filed within thirty (30) days of the date that this order is electronically filed.

IT IS SO ORDERED.

20101026

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