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SCHILLACI v. PEYTON

No. CV 04-00143 DAE/LEK.

328 F.Supp.2d 1103 (2004)

Thomas S. SCHILLACI, Petitioner, v. John F. PEYTON, Director, Department of Public Safety, State of Hawai'i, and Alan Nouchi, Acting Warden, Maui Community Correctional Center, Respondents.

United States District Court, D. Hawai'i.

July 27, 2004.

Attorney(s) appearing for the Case

Peter C. Wolff, Office of the Federal Public Defenders, Honolulu, HI, for Thomas S. Schillaci, petitioner.

Davelynn M. Tengan, Arleen Y. Watanabe, Department of the Prosecuting Attorney, Wailuku, HI, for John F. Peyton, Director, Department of Public Safety, State of Hawaii, Alan Nouchi, Acting Warden, Maui Community Correctional Center, respondents.

ORDER GRANTING PETITIONER'S MOTION TO STAY RETRIAL IN STATE COURT

EZRA, Chief Judge.

Pursuant to Local Rule 7.2(d), the court finds this matter suitable for disposition without a hearing. After reviewing Petitioner's Motion, the supporting memorandum, and Respondent's Statement of No Position, the court GRANTS Petitioner's Motion To Stay Retrial in State Court.

BACKGROUND

On March...

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