(HC) Zambrano v. Wolf ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARCIAL BRAVO ZAMBRANO, et al., No. 1:20-cv-00595-DAD-JLT (HC) 12 Petitioners, 13 v. ORDER GIVING EFFECT TO PETITIONER ZAMBRANO AND RESPONDENTS’ 14 CHAD F. WOLF, et al., STIPULATION AND STAYING THIS MATTER AS TO PETITIONER ZAMBRANO 15 Respondents. (Doc. No. 4) 16 17 18 On April 24, 2020, petitioners Marcial Bravo Zambrano, Jorge Villalobos, and Michael 19 Spitzauer (collectively, “petitioners”) filed a petition for writ of habeas corpus seeking their 20 release from confinement. (Doc. No. 1.) Therein, petitioners contend that their continued 21 confinement at Taft Correctional Institution during the ongoing COVID-19 global pandemic is a 22 violation of their rights under the Due Process Clause of Fifth Amendment. (Id. at 5–6.) On 23 April 27, 2020, the court set a briefing schedule, directing the government to respond to the 24 petition by a May 11, 2020. (Doc. No. 2.) 25 On May 8, 2020, petitioner Zambrano and respondents filed a stipulation, agreeing to hold 26 this case in abeyance as to petitioner Zambrano. (Doc. No. 4.) The stipulation notes that 27 petitioner Zambrano is a class member in Zepeda Rivas v. Jennings and that, on April 29, 2020, 28 the court in Zepeda Rivas entered a provisional class certification and temporary restraining order wOAOe OMAR VR MUO OPI a ee AYO eT 1 | (‘TRO’). See Case No. 3:20-cv-02731-VC, 2020 WL 2059848 (N.D. Cal. Apr. 29, 2020). The 2 | stipulation also notes that the TRO in Zepeda Rivas orders that individual release determinations 3 | be made in light of the ongoing COVID-19 pandemic, which is the same relief that petitioners are 4 | seeking before this court. Finally, the stipulation notes that the parties will inform this court 5 | within five (5) business days of the resolution as to petitioner Zambrano in the Zepeda Rivas 6 | action. 7 Accordingly, good cause appearing and pursuant to petitioner Zambrano and respondents’ 8 | stipulation, this case is stayed as to petitioner Zambrano only and the parties are directed to notify 9 | the court within five (5) business days from the issuance of this order of petitioner Zambrano’s 10 | status in the Zepeda Rivas action.! 11 | IT Is SO ORDERED. si am Dated: _ May 8, 2020 PLA L 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 ——— ' This order has no affect on the court’s April 27, 2020 order with respect to petitioners 28 | Villalobos and Spitzauer.