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Gutierrez v. Board of Prison Terms Commissioners

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 1, 2010

JOSEPH P. GUTIERREZ, PETITIONER,
v.
BOARD OF PRISON TERMS COMMISSIONERS; A. P. KANE, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Judge The Honorable Susan Illston

STIPULATED ORDER RE: VACATING CASE MANAGEMENT CONFERENCE, SETTING A BRIEFING SCHEDULE

On July 21, 2010, the Ninth Circuit issued a memorandum vacating this Court's judgment denying Petitioner Joseph Gutierrez's Petition for Writ of Habeas Corpus "insofar as the district court concluded that 'some evidence'" supported the Board of Parole Hearings' (Board) denial of parole at Gutierrez's September 25, 2003 parole consideration hearing. (Clerk's Docket (CD) 25.) The Ninth Circuit remanded the matter to this Court because it "did not have the benefit" of the Ninth Circuit's en banc opinion in Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) at the time of its decision. (Id. at 2.) This Court appointed counsel and set a case management conference for November 1, 2010. (CD 30, 32.)

The parties stipulate, subject to the Court's approval, that the November 1, 2010 case management conference is unnecessary, and agree to the following briefing schedule:

Respondent's Answer is due December 31, 2010.

Petitioner's Traverse is due February 7, 2011.

SO STIPULATED.

Dated: October 26, 2010

Shawn Halbert Assistant Federal Public Defender Attorney for Petitioner

Dated: October 26, 2010

Patricia W. Heim Deputy Attorney General Attorney for Respondent

IT IS SO ORDERED.

The Honorable Susan Illston United States District

20101101

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