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Michael Hughley v. Dennis K. Sisto

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


February 14, 2011

MICHAEL HUGHLEY, PETITIONER,
v.
DENNIS K. SISTO, WARDEN, RESPONDENT.

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

ORDER

Petitioner is a state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner claims, inter alia, that his federal constitutional right to due process was violated by a 2006 decision of the California Board of Parole Hearings denying petitioner a parole date.

Although the parties have completed their briefing, respondent did not address petitioner's procedural due process contentions. (See e.g. Dkt. No. 1 (Petition), at 13, 21-23; Dkt. No. 1 (Transcript), at 60-67; Dkt. No. 17 (Traverse) at 1-6.)*fn1 In light of the Supreme Court's recent ruling in Swarthout v. Cooke, 562 U.S. ___ (2011), No. 10-333, 2011 WL 197627 (Jan. 24, 2011), which held that federal due process protects an inmate's right to procedural safeguards in a state parole proceeding, further briefing is required before the court can rule on the merits of the petition.

Accordingly, IT IS HEREBY ORDERED that:

1. Respondent shall, within twenty-one days after the filing date of this order, file and serve a Supplemental Answer addressing petitioner's procedural due process contentions and the application of Swarthout v. Cooke; and

2. Petitioner may, within fourteen days after service of respondent's Supplemental Answer, file and serve a Supplemental Traverse that addresses the same matters.

SO ORDERED.

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