Opinion
No. 12-06068 JSW
03-07-2013
TERRELL LOVE, Petitioner, v. RICK HILL, Warden, Respondent.
Mark D. Greenberg Attorney at Law Attorney for Terrell Love, P72631 Folsom State Prison
Mark D. Greenberg
Attorney at Law
Attorney for Terrell Love, P72631
Folsom State Prison
REQUEST FOR PERMISSION TO FILE SUPPLEMENTAL PLEADING
(Fed. Rules Civ. Proc., Rule 15(d))
AND ORDER THEREON
Petitioner in the above-titled action, through his counsel, and pursuant to Federal Rules of Civil Procedure, Rule 15(d), hereby requests permission to file a supplemental pleading to the petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. section 2254, on November 30, 2012.
Claim E in paragraph V of the petition for writ of habeas corpus filed on November 30, 2012 was subject to a request for stay and abeyance, pending disposition of that identical claim in a state habeas petition to be filed expeditiously. A state petition raising the identical claim was filed in the California Suporeme Court as case number S207493 on December 20, 2012. It was denied on February 13, 2013, thereby rendering the request for stay and abeyance moot, and necessitating an amendment to the original federal pleading filed in this case.
Respectfully submitted,
Mark D. Greenberg
Attorney for Petitioner
Judge Jeffrey S. White