Lincoln v. Sullivan

Northern District of California, cand-4:2015-cv-02686

ORDER by Judge Haywood S. Gilliam, Jr. ADDRESSING PENDING MOTIONS. (Granting {{10}}, {{15}}, {{18}} ; and Denying {{19}})

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERRANCE RAY LINCOLN, Case No. 15-cv-02686-HSG (PR) Petitioner, 8 ORDER ADDRESSING PENDING v. MOTIONS 9 10 SUZANNE M. PEERY, Warden, Re: Dkt. Nos. 10, 15, 18, 19 Respondent. 11 12 Northern District of California United States District Court 13 Good cause appearing, and no opposition being filed thereto, petitioner's applications for 14 leave to file supplemental facts and arguments (dkt. nos. 10, 18), are GRANTED. Because 15 petitioner's supplemental briefing does not appear to raise new unexhausted claims, his motion for 16 stay and abeyance under Rhines v. Weber, 544 U.S. 269 (2005) (dkt. no. 19), is DENIED as 17 unnecessary. Plaintiff's application to file excess pages in support of his traverse (dkt. no. 15), is 18 GRANTED. Petitioner's July 29, 2016 traverse (dkt. no. 16), is accepted for filing. 19 This order terminates Docket Nos. 10, 15, 18, and 19. 20 IT IS SO ORDERED. 21 Dated: 9/2/2016 22 23 HAYWOOD S. GILLIAM, JR. 24 United States District Judge 25 26 27 28