BAIR v. FINN

Full title: CLIFFORD LEE BAIR, Petitioner, v. CLAUDE FINN, et al., Respondents

Court: United States District Court, E.D. California

Date published: Jul 9, 2010

No. CIV S-08-1039 MCE GGH P (E.D. Cal. Jul. 9, 2010)

Opinion

No. CIV S-08-1039 MCE GGH P.

July 9, 2010

ORDER

GREGORY HOLLOWS, Magistrate Judge

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2007 decision by the California Board of Parole Hearings (BPH) finding petitioner unsuitable for parole.

By Order filed on November 24, 2008, this court recommended that this action be administratively stayed pending the Ninth Circuit's decision in Hayward v. Marshall, 512 F.3d 536 (9th Cir. 2008), reh'g en banc granted, ___ F.3d ___, No. 06-55392 (9th Cir. filed May 16, 2008). On December 24, 2008, the district court adopted these findings and recommendations.

The Hayward en banc decision was recently filed on April 22, 2010. Hayward v. Marshall, No. 06-55392 (9^th Cir. Apr. 22, 2010).

Accordingly, IT IS HEREBY ORDERED that:

1. The stay is hereby lifted; and

2. The matter has been fully briefed and is hereby deemed submitted.