Love v. Hill

Filing 5

ORDER GRANTING 4 MOTION for Leave to File amended/supplemental pleading. Signed by Judge Jeffrey S. White on 3/7/13. (jjoS, COURT STAFF) (Filed on 3/7/2013)

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Mark D. Greenberg
Attorney at Law
Cal. SBN 99726
484 Lake Park Ave., No. 429
Oakland, CA 94610
[phone]

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Attorney for Terrell Love, P72631
Folsom State Prison
P.O. Box 715071
Represa, CA 95671

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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No. 12-06068 JSW

TERRELL LOVE,
Petitioner,

REQUEST FOR PERMISSION TO
FILE SUPPLEMENTAL PLEADING
(Fed. Rules Civ. Proc., Rule 15(d))

v.
RICK HILL, Warden,

AND ORDER THEREON

Respondent.

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Petitioner in the above-titled action, through his counsel, and pursuant to Federal
Rules of Civil Procedure, Rule 15(d), hereby requests permission to file a
supplemental pleading to the petition for a writ of habeas corpus, filed pursuant to 28

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U.S.C. section 2254, on November 30, 2012.
Claim E in paragraph V of the petition for writ of habeas corpus filed on
November 30, 2012 was subject to a request for stay and abeyance, pending

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disposition of that identical claim in a state habeas petition to be filed expeditiously. A
state petition raising the identical claim was filed in the California Suporeme Court as

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case number S207493 on December 20, 2012. It was denied on February 13, 2013,

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thereby rendering the request for stay and abeyance moot, and necessitating an

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amendment to the original federal pleading filed in this case.

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Dated: March 5, 2013

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Respectfully submitted,

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/s/ Mark D. Greenberg
Attorney for Petitioner

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Dated: March 7, 2013

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