Curry
Rush v. Curry
Opinion
Opinion
Breyer, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
INTRODUCTION
Pro se Petitioner Robert Dalton Rush, a state prisoner incarcerated at the Correctional Training Facility in Soledad, California, seeks a writ of habeas corpus under 28 U.S.C. § 2254 challenging the California Board of Prison Hearings’ (“BPH”) September 25, 2007 decision to deny him parole at his fifth parole suitability hearing. Doc. # 1 at 9. At the time he was denied parole in 2007, Petitioner had served ten years past his minimum eligible parole date of November 30, 1997 and four years beyond his express term of seventeen years. Id. To date, Petitioner has spent over twenty-five years in custody for his crime. Id.
On October 16, 2009, the Court issued an Order to Show Cause why the writ should not be granted. Doc. # 8. Respondent filed an Answer to the Order to Show Cause and Petitioner filed a Traverse. Doc. ## 9 & 11.
After the matter was submitted, on April 22, 2010, the Ninth Circuit issued its decision in Hayward v. Marshall, 603 F.3d 546 (9th Cir.2010) (en banc), which addressed important issues relating to federal habeas review of BPH decisions denying parole to California state prisoners. On May 4,…