Opinion
CASE NO. 08cv0694-JLS(JMA).
December 21, 2009
By Order entered December 8, 2009, this Court granted state prisoner Phillip Angel Senteno's 28 U.S.C. § 2254 habeas corpus petition for relief from Governor Arnold Schwarzenegger's decision to reverse the Board of Parole Hearing's grant of parole. Pursuant to Rule 8 of the Federal Rules of Appellate Procedure, Respondents now move for a stay of that Order pending appeal. In consideration of the unsettled state of the law in this area, and for good cause shown, IT IS HEREBY ORDERED:
1. Respondents' Application for a stay to preserve the status quo pending the outcome of the appeal is GRANTED .
2. Pursuant to Rule 11 following 28 U.S.C. § 2254, the Court GRANTS Respondents a Certificate of Appealability on the issues identified in the Application For Stay associated with their Notice of Appeal.
3. Respondents shall promptly notify this Court of the Ninth Circuit's en banc ruling in Hayward v. Marshall, 512 F.3d 536, 542d (9th Cir.), reh'g en banc granted, 527 F.3d 797 (9th Cir. 2008) or the result of their appeal, whichever occurs soonest, along with appropriate stay disposition briefing.