1

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

QUIN DENVIR, Bar #49374

Federal Defender

CAROLYN M. WIGGIN, Bar #182732

Assistant Federal Defender

801 I Street, 3rd Floor

Sacramento, California 95814

Telephone: (916) 498-5700

Attorneys for Petitioner

KELVIN J. EVANS

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

KELVIN J. EVANS,

Petitioner,

v.

TOM L. CAREY, et al.,

Respondents.

______________________________

)

)

)

)

)

)

)

)

)

)

NO. CIV S 04-2051 LKK KJM P

JOINT STATUS REPORT AND

STIPULATION AND ORDER FOR FURTHER

STAY OF PROCEEDINGS

Petitioner, KELVIN J. EVANS, and Respondents, TOM L. CAREY, et

al., hereby agree and stipulate as follows:

1. On August 23, 2005, Mr. Evans had a parole suitability hearing

before a panel of the Board of Parole Hearings (“Board”). That

panel found Mr. Evans suitable for parole and set a prison term

that would have terminated in the past.

2. On December 22, 2005, the parties learned that the Governor has

invoked his authority under California Penal Code Section

3041.1 to request en banc review of the of the Board’s decision

to grant parole. The Board is scheduled to consider Mr.

Evans’s case en banc on January 18, 2006.

3. The parties propose that this matter be further stayed pending

Case 2:04-cv-02051-LKK -KJM Document 17 Filed 12/29/05 Page 1 of 3
 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1Deputy Attorney General R. Michael Llewellyn’s last day at

the Attorney General’s Office is December 23, 2005. Deputy

Attorney General Pamela B. Hooley will take over representation

of Respondent for the time being.

2

the Board’s en banc review of the decision to grant Mr. Evans

parole. On or before March 1, 2006, the parties can file a

joint status report indicating whether Mr. Evans has been

released on parole. If Mr. Evans has been released, this case

can be dismissed as moot. If Mr. Evans has not been released,

Petitioner Evans could be prepared to file his traverse by

March 15, 2006.

4. Counsel for respondent, Deputy Attorney General Pamela B.

Hooley,1/ has authorized the undersigned to sign this

stipulation electronically on her behalf.

Dated: December 27, 2005

Respectfully submitted,

QUIN DENVIR

Federal Defender

/s/ Carolyn M. Wiggin 

CAROLYN M. WIGGIN

Assistant Federal Defender

Attorney for Petitioner

KELVIN J. EVANS

/s/ Pamela B. Hooley 

PAMELA B. HOOLEY

Deputy Attorney General

Attorney for Respondents

TOM L. CAREY, ET AL.

Case 2:04-cv-02051-LKK -KJM Document 17 Filed 12/29/05 Page 2 of 3
 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

ORDER

1. For the reasons set forth in the stipulation of the

parties, and for good cause shown, this matter is stayed. On or before

March 1, 2006, the parties shall file a joint status report indicating

whether Mr. Evans has been released from imprisonment on parole. If

Mr. Evans has not been released on parole, Petitioner Evans shall file

his traverse on or before March 15, 2006.

2. The Clerk’s Office is directed to terminate Robert

Michael Llewellyn as lead counsel for Respondent, and substitute in his

stead Deputy Attorney General Pamela B. Hooley. 

IT IS SO ORDERED.

Dated: December 28, 2005.

______________________________________

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-02051-LKK -KJM Document 17 Filed 12/29/05 Page 3 of 3