Hernandez v. Subia et al
Ricardo Hernandez |
R. J. Subia and Attorney General CA |
2:2007cv00839 |
May 2, 2007 |
US District Court for the Eastern District of California |
Sacramento Office |
Amador |
Edmund F. Brennan |
David F. Levi |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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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) |
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) |
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.) |
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) |
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.). |
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). |
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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