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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHING LEE,

Case No. 15-cv-05316-BLF
Petitioner,

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v.
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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

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This order concerns Petitioner’s pending motion for a stay and abeyance pending

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exhaustion of his wholly unexhausted petition. ECF 6. Petitioner files his motion on December

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31, 2015. ECF 6. Respondent filed an opposition on February 12, 2016. ECF 14. Petitioner did

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not file a reply by the scheduling order’s February 19, 2016 deadline. ECF 13.

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On February 17, 2016, the Ninth Circuit issued a decision in Mena v. Long, --- F.3d ---,

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2016 WL 625405, at *1 (9th Cir. 2016). In that decision, the Ninth Circuit held that the Rhines v.

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Weber, 544 U.S. 269 (2005) stay and abeyance procedure “is not limited to mixed petitions, and a

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district court may stay a petition that raises only unexhausted claims.”

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Accordingly, each side is requested to file a supplemental letter brief of no more than three

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page, double spaced, addressing the impact of Mena on the Court’s determination of Petitioner’s

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pending motion for a stay and abeyance. The parties shall submit supplemental letter briefs, on or

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before March 18, 2016. There will be no replies to these submissions.

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IT IS SO ORDERED.
Dated: March 10, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge