Timothy Fox v. Maurice Junious

Filing 29

MINUTE ORDER TO SHOW CAUSE IN CHAMBERS by Magistrate Judge Marc L. Goldman. On or before August 3, 2012, Respondent shall show cause why the Report and Recommendation should not be vacated and an order filed requiring Respondent to file an answer addressing the merits of the petition. Should Respondent persist in its argument that all or some of the claims are not exhausted, Petitioner may file an opposition on or before August 24, 2012. (db)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Date Case No. CV 12-00641-DMG (MLG) Title July 11, 2012 Timothy Fox v. Maurice Junious, Warden Present: The Honorable Marc L. Goldman, Magistrate Judge Terri Steele n/a n/a Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None Proceedings: (In Chambers) Order to Show Cause On June 5, 2012, the Court filed a Report and Recommendation finding that all claims in the petition were unexhausted and that dismissal of the petition was required. On July 6, 2012, Petitioner filed a notice with the Court stating that the California Supreme Court had denied his most petition for writ of habeas corpus and that all claims are now exhausted. On or before August 3, 2012, Respondent shall show cause why the Report and Recommendation should not be vacated and an order filed requiring Respondent to file an answer addressing the merits of the petition. Should Respondent persist in its argument that all or some of the claims are not exhausted, Petitioner may file an opposition on or before August 24, 2012. : Initials of Clerk CV-90 (06/04) CIVIL MINUTES - GENERAL ts Page 1 of 1

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