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Prellwitz v. Sisto

United States District Court, E.D. California
May 28, 2008
No. CIV S-07-0046 JAM EFB P (E.D. Cal. May. 28, 2008)

Opinion

No. CIV S-07-0046 JAM EFB P.

May 28, 2008


ORDER


Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On May 12, 2008, petitioner notified the court that he believes that the Ninth Circuit's recent opinion in Hayward v. Marshall, 512 F.3d 536, 547-548 (9th Cir. 2008), will affect the outcome of his case. He also inquired into the status of this case and alerted the court to the fact that this matter has been submitted for decision for at least ten months.

The background of this case is relatively straightforward. The matter proceeds on the November 29, 2006, petition. Respondent answered on June 20, 2007, and petitioner filed a reply on June 29, 2007. The matter therefore is submitted for decision and, in due course, the court will issue findings and recommendations. However, this court faces a tremendous backlog of habeas petitions. From 2004 through 2007, California prisoners commenced more than 3,500 actions seeking habeas corpus relief from the United States District Court for the Eastern District of California. Thus, while the court is aware that petitioner's application has been submitted for some time now, others have been submitted longer. It is the policy of this court to resolve habeas petitions in the order in which they were submitted for decision. The court is aware of petitioner's case and as long as petitioner keeps the court informed of any change of address, no further action on his part is necessary.

So ordered.


Summaries of

Prellwitz v. Sisto

United States District Court, E.D. California
May 28, 2008
No. CIV S-07-0046 JAM EFB P (E.D. Cal. May. 28, 2008)
Case details for

Prellwitz v. Sisto

Case Details

Full title:STEVEN ANTHONY PRELLWITZ, Petitioner, v. D. K. SISTO, Warden, Respondent

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

Date published: May 28, 2008

Citations

No. CIV S-07-0046 JAM EFB P (E.D. Cal. May. 28, 2008)