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Tracy Dearl Cain v. Michael Martel

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 11, 2011

TRACY DEARL CAIN
v.
MICHAEL MARTEL, WARDEN OF CALIFORNIA STATE PRISON AT SAN QUENTIN DEFENDANTS:

The opinion of the court was delivered by: Audrey B. Collins, Chief United States District Judge

CIVIL MINUTES - GENERAL

DEATH PENALTY CASE

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.

IT IS SO ORDERED.

Initials of Preparer AB

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 96-2584 ABC

Date April 11, 2011

Tracy Dearl Cain v. Michael Martel, Warden of California State Prison at San Quentin

DEATH PENALTY CASE

20110411

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