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Melvin Yu v. Gary Swarthout

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


February 23, 2011

MELVIN YU, PETITIONER,
v.
GARY SWARTHOUT, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding through counsel with an application for writ of habeas corpus under 28 U.S.C. § 2254. He challenges the Board of Parole Hearings' denial of his parole in 2009. On January 19, 2011, the court ordered respondent to file a response to the petition within sixty days. On January 24, the United States Supreme Court released its decision in Cooke v. Swarthout, U.S. , 131 S.Ct. 859 (2011). The ruling in Cooke substantially affects the scope of federal courts' review of habeas petitions that challenge the denial of parole in California. Recognizing this effect, petitioner's counsel seeks leave to amend his claims in light of Cooke. Good cause appearing, the request will be granted.*fn1

Accordingly, IT IS ORDERED that the motion to amend (Docket No. 12) is granted. Petitioner has thirty days form the date of this order in which to submit an amended petition. Petitioner may incorporate by reference any exhibits he deems necessary to the amended petition. The order for respondent to file a response to the petition (Docket No. 8) is vacated.


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