Lee v. Harris
Filing
15
ORDER REQUESTING SUPPLEMENTAL BRIEFING ON 6 PETITIONER'S MOTION FOR A STAY AND ABEYANCE. Signed by Judge Beth Labson Freeman on 3/10/2016. (blflc3S, COURT STAFF) (Filed on 3/10/2016)
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
SAN JOSE DIVISION
6
7
CHING LEE,
Case No. 15-cv-05316-BLF
Petitioner,
8
v.
9
10
KAMALA D. HARRIS,
Respondent.
ORDER REQUESTING
SUPPLEMENTAL BRIEFING ON
PETITIONER'S MOTION FOR A STAY
AND ABEYANCE
[Re: ECF 6]
United States District Court
Northern District of California
11
12
13
This order concerns Petitioner’s pending motion for a stay and abeyance pending
14
exhaustion of his wholly unexhausted petition. ECF 6. Petitioner files his motion on December
15
31, 2015. ECF 6. Respondent filed an opposition on February 12, 2016. ECF 14. Petitioner did
16
not file a reply by the scheduling order’s February 19, 2016 deadline. ECF 13.
17
On February 17, 2016, the Ninth Circuit issued a decision in Mena v. Long, --- F.3d ---,
18
2016 WL 625405, at *1 (9th Cir. 2016). In that decision, the Ninth Circuit held that the Rhines v.
19
Weber, 544 U.S. 269 (2005) stay and abeyance procedure “is not limited to mixed petitions, and a
20
district court may stay a petition that raises only unexhausted claims.”
21
Accordingly, each side is requested to file a supplemental letter brief of no more than three
22
page, double spaced, addressing the impact of Mena on the Court’s determination of Petitioner’s
23
pending motion for a stay and abeyance. The parties shall submit supplemental letter briefs, on or
24
before March 18, 2016. There will be no replies to these submissions.
25
26
27
28
IT IS SO ORDERED.
Dated: March 10, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?