The opinion of the court was delivered by: Audrey B. Collins, Chief United States District Judge
Present: The Honorable Angela Bridges None Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for None None
Proceedings: (IN CHAMBERS) ORDER RE: MOTION FOR EVIDENTIARY HEARING [DOCUMENT 275] AND SUPPLEMENTAL BRIEFING
On March 14, 2011, the Court issued an Order Granting in Part and Denying in Part Motion for Evidentiary Hearing. Those portions of the Order granting an evidentiary hearing on Claims 1(1), 1(2), 2(1), 2(11), 2(12), 2(17), 2(18), 8(3)(A), 10(6), 10(9), 10(10), 10(11), 10(13), 10(14), 10(17), 10(18), and 18, or portions thereof, are hereby VACATED. The Court LIFTS the stay on the remainder of the
On April 4, 2011, the United States Supreme Court issued an decision in Cullen v. Pinholster, 563 U.S. ___, 2011 WL 1225705, holding that review under 28 U.S.C. § 2254(d)(1) is limited to the record that was before the state court that adjudicated the claim on the merits. On or before May 30, 2011, petitioner shall file a supplemental brief, not to exceed fifteen pages, addressing his entitlement to an evidentiary hearing in view of Cullen v. Pinholster. Respondent shall file any opposition, not to exceed fifteen pages, by June 30, 2011. Petitioner shall file any reply in support of his supplemental brief, not to exceed ten pages, by July 15, 2011.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Tracy Dearl Cain v. Michael Martel, Warden of California State ...