Daniels v. Chappell

KENDALL J. NEWMAN

Petitioner is a state prisoner, proceeding without counsel and in forma pauperis, in this habeas corpus action filed on June 22, 2011, pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss the petition (Dkt. No. 18), and petitioner has filed an opposition thereto (Dkt. No. 19). Review of the parties briefing indicates that respondent has moved to dismiss the petition based only an argument pertaining to "Marsy's Law;" respondent's motion does not address petitioner's substantive challenge to the June 9, 2009 decision of the California Board of Parole Hearings ("Board"), denying petitioner parole.

Accordingly, IT IS HEREBY ORDERED that:

1. Within fourteen days after the filing date of this order, respondent shall file and serve a supplemental brief that substantively addresses petitioner's challenge to the June 9, 2009 decision of the Board, denying petitioner parole.

2. Petitioner may, within fourteen days after service of respondent's supplemental brief, file and serve a response thereto.

SO ORDERED.

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KENDALL J. NEWMAN

UNITED STATES MAGISTRATE JUDGE