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Michael J. Brodheim v. Kathleen Dickinson

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


January 31, 2012

MICHAEL J. BRODHEIM,
PETITIONER,
v.
KATHLEEN DICKINSON, ET AL.,
RESPONDENTS.

The opinion of the court was delivered by: Judge: Honorable Gregory G. Hollows

DANIEL J. BRODERICK, #89424 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Petitioner MICHAEL BRODHEIM

STIPULATED REQUEST TO STAY PROCEEDINGS; ORDER

COME NOW Petitioner, MICHAEL J. BRODHEIM, by and through his counsel, Assistant Federal Defender David M. Porter, and Respondents, KATHLEEN DICKENSON, et al., by and through their counsel, Deputy Attorney General Pamela B. Hooley, to request that the Court enter the order lodged herewith staying the action and holding the proceedings in abeyance for the reasons set forth below.

On January 11, 2012, the Board of Parole Hearings granted Mr. Brodheim parole. That decision will not become final as to the Board for 120 days. Cal. Penal Code § 3041, subd. (b). The Governor then has 30 days in which to affirm, modify, or reverse the decision. Cal. Const., art. V, § 8, subd. (b). Accordingly, in an effort to promote judicial economy, the parties respectfully request that the Court issue the order lodged herewith staying these proceedings pending the finality of the Board's grant of parole.

ORDER

Pursuant to the stipulated request of the parties, and good cause appearing therefor, IT IS ORDERED that all present motions, including the set April 5, 2012 motion, and scheduling dates are vacated pending the finality of the Board of Parole Hearings January 11, 2012 decision granting parole to petitioner Michael Brodheim.*fn1 On or before June 15, 2012, the parties shall file a joint status report.

Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE


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