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Jeffry Ian Cook v. D.K. Sisto

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 5, 2011

JEFFRY IAN COOK,
PETITIONER,
v.
D.K. SISTO, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Alex Kozinski Chief Circuit Judge

ORDER

The warden urged me to hold my decision until the Ninth Circuit decided Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc). No later than January 31, 2011, he shall brief whether Hayward and subsequent precedent require that I grant Cook's petition and remand to the Board of Parole Hearings. See, e.g., Pearson v. Muntz, 625 F.3d 539, 549--50 (9th Cir. 2010); Pirtle v. Cal. Bd. of Prison Terms, 611 F.3d 1015, 1021--25 (9th Cir. 2010); Cooke v. Solis, 606 F.3d 1206, 1216 (9th Cir. 2010); In re Prather, 234 P.3d 541, 552 (Cal. 2010). Cook may file a response no later than February 28, 2011. Neither brief may exceed 5000 words.

Sitting by designation

20110105

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