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Carr v. Swarthout

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


November 8, 2010

CHARLES H. CARR, JR., PETITIONER,
v.
GARY SWARTHOUT, ACTING WARDEN, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a former state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the 2008 decision of the Board of Parole Hearings ("Board") denying petitioner parole. Pending is respondent's request for a stay of this action, or an extension of time to file and serve a response to the petition, because petitioner is now paroled pending appeal of the following three related decisions granting petitioner habeas relief: Case Nos. 2:04-cv- 0584 MCE JFM P (challenging Board's 2002 decision); 2:05-cv-1870 MCE JFM P (challenging Governor's 2003 decision); and 2:05-cv-1871 MCE JFM P (challenging Board's 2004 decision), all now on appeal to the Ninth Circuit in Case Nos. 09-15615, 09-15616, and 09-15617. If petitioner prevails on appeal in these cases, the instant case will be moot. Accordingly, the court finds it appropriate to stay the instant action pending a final decision on the above-noted cases.

For the foregoing reasons, IT IS HEREBY ORDERED that:

1. Respondent's request for a stay of this action (Dkt. No. 12) is granted; this action is stayed pending a final appellate decision in the above-noted cases; and

2. Respondent shall notify this court within thirty (30) days after the Ninth Circuit issues a remittitur in the above-noted related cases, and at such time inform the court whether the instant action has been rendered moot or whether respondent seeks a continuation of the stay pending further appeals.

3. The Clerk of the Court is directed to administratively close this case.

SO ORDERED.

20101108

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