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Stuart v. Carey

United States District Court, E.D. California
Feb 21, 2006
No. CIV S-03-0128 MCE JFM P (E.D. Cal. Feb. 21, 2006)

Opinion

No. CIV S-03-0128 MCE JFM P.

February 21, 2006


ORDER


Petitioner is a state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a decision of a panel of the California Board of Prison Terms (Board) to deny him a parole date. This matter is before the court on respondents' motion to dismiss.

Respondents contend that petitioner has no federally protected liberty interest in parole under California law and, therefore, that this court lacks subject matter jurisdiction. To support that contention, respondent relies on an order of the district court in Sass v. California Board of Prison Terms, 376 F.Supp.2d 975 (E.D.Cal. 2005). The Sass case is set for oral argument in the United States Court of Appeals for the Ninth Circuit on March 16, 2006. Good cause appearing, respondents' motion will be denied without prejudice to its renewal, as appropriate, not later than thirty days after any decision by the court of appeals in Sass.

In accordance with the above, IT IS HEREBY ORDERED that respondents' August 8, 2005 motion to dismiss is denied without prejudice.


Summaries of

Stuart v. Carey

United States District Court, E.D. California
Feb 21, 2006
No. CIV S-03-0128 MCE JFM P (E.D. Cal. Feb. 21, 2006)
Case details for

Stuart v. Carey

Case Details

Full title:WENDELL STUART, Petitioner, v. T. CAREY, Warden, et al., Respondents

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

Date published: Feb 21, 2006

Citations

No. CIV S-03-0128 MCE JFM P (E.D. Cal. Feb. 21, 2006)