HARVEST v. CASTRO

No. 05-16879.

520 F.3d 1055 (2008)

Joshua HARVEST, Petitioner-Appellant, v. Roy CASTRO, Warden, HDSP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2008.


Attorney(s) appearing for the Case

Scott A. Sugarman, Sugarman & Cannon, San Francisco, CA, for the petitioner-appellant.

Jeremy E. Friedlander, Deputy Attorney General, State of California, San Francisco, CA, for the respondent-appellee.

Before: JOHN R. GIBSON, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.


OPINION

TASHIMA, Circuit Judge.

We must decide whether and, if so, under what circumstances, a district court has the authority to modify a conditional writ of habeas corpus after the time provided in the order has lapsed. We hold that the district court does have such authority, but that such modifications may only be made pursuant to the Rules of Civil Procedure. In this case, the State has failed to demonstrate that relief under Rule 60 is warranted;...

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