Hernandez v. Subia et al
Petitioner: Ricardo Hernandez
Respondent: R. J. Subia and Attorney General CA
Case Number: 2:2007cv00839
Filed: May 2, 2007
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Amador
Presiding Judge: Edmund F. Brennan
Presiding Judge: David F. Levi
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 2, 2010 Opinion or Order Filing 38 ORDER signed by Chief Judge Robert S. Lasnik on 9/2/2010 ORDERING that having reviewed the record in this matter, the Court finds that the equities are fairly balanced. Because the petitioners release, if later deemed improper, would harm both the state and the public, the Court finds that the status quo should remain in effect until this matter is finally resolved; granting 32 Motion to Stay the 8/10/2010 Order pending Appeal. (Waggoner, D)
April 30, 2010 Opinion or Order Filing 23 ORDER of REFERENCE signed by Chief Judge Robert S. Lasnik on 4/30/2010. The Ninth Circuit recently issued a decision in Hayward v. Marshall, No. 06-55392 on 4/22/2010, which calls into question the existence of federally-protected liberty interest. The Court hereby re-refers this matter to Magistrate Judge John L. Weinberg for any further proceedings he deems necessary. (Marciel, M)
March 2, 2010 Opinion or Order Filing 20 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John L. Weinberg on 03/01/10 RECOMMENDING that the 1 writ of habeas corpus be granted and that the Board be directed, w/i 30 days after the Judgment in this case becomes final, to set a date o n which petitioner shall be released from prison and begin his period of parole supervision. In calculating his period of parole supervision, the Board shall give petitioner credit for time spent in prison when he would not have been incarcerated, but for the Governor's decision in 2006. Objections to these F&Rs due w/i 20 days; referred to Judge Robert S. Lasnik. (Benson, A.)
February 24, 2010 Opinion or Order Filing 19 ORDER signed by Magistrate Judge John L. Weinberg on 2/24/10 VACATING 17 Order Deferring Preparation of Report and Recommendation. (Manzer, C)
November 2, 2009 Opinion or Order Filing 18 [DISREGARD - DUPLICATIVE OF 17 ORDER] ORDER DEFERRING PREPARATION OF REPORT AND RECOMMENDATION until the filing of the en banc decision in Hayward v. Marshall signed by Magistrate Judge John L. Weinberg on 10/30/09.(Benson, A.) Modified on 11/2/2009 (Benson, A.).
October 30, 2009 Opinion or Order Filing 17 [VACATED] ORDER signed by Magistrate Judge John L. Weinberg on 10/30/2009 ORDERING that the Court will defer submission of a Report and Recommendation until the filing of the en banc decision in Hayward v. Marshall. (Waggoner, D) Modified on 2/24/2010 (Manzer, C).
October 7, 2009 Opinion or Order Filing 15 ORDER signed by Magistrate Judge John L. Weinberg on 10/07/09 ORDERING that it is evident that a page of petitioner's 01/19/06 parole hearing transcript was accidentally omitted from the record, w/i 7 days after the date of this order, responden t shall furnish the Court and petitioner with a complete copy of petitioner's 01/19/06 parole hearing transcript, including "Decision Page 6". If the above-mentioned transcript is unavailable, respondent should, w/i 7 days, inform this Court with specificity as to its unavailability; no additional briefing is required or requested; Clerk to serve order. (Benson, A.)
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Petitioner: Ricardo Hernandez
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Respondent: R. J. Subia
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Respondent: Attorney General CA
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