Opinion
No. 2:10-cv-1779 JAM KJN P.
November 8, 2010
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.
DATED: November 8, 2010