Mark Verba v. C. Wofford

Filing 30

ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. It is ORDERED that:If Respondent contends that the First Amended Petition can be decided withoutthe Court reaching the merits of Petitioners claims, within thirty (30) days the date of this Minute O rder (or by no later than September 10, 2015), Respondent may file a Motion to Dismiss the First Amended Petition. If Respondent does not contend that the First Amended Petition can be decided without the Court reaching the merits of Petitioners claims, Respondent shall file an Answer to the First Amended Petition within forty-five days of the date of this Minute Order (or by no later than September 25, 2015). (See Order for complete details) (afe)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV-14-5679 -AS

Title

Mark Verba v. C. Wofford, Warden

Present: The
Honorable

Date

August 11, 2015

Alka Sagar, United States Magistrate Judge
Alma Felix

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

N/A

N/A

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

The Court is in receipt of Petitioner’s “Notice of Returned Status Report Submitted
to District Court July 1, 2015 (“Notice”), filed on July 17, 2015.
Based on Petitioner’s Notice (which attached his Status Report dated July 1, 2015),
the Court’s June 26, 2015 Order to Show Cause is discharged.
Now that Petitioner’s California Supreme Court habeas petition has been denied (see
Notice at 11), the stay of the Petition pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir.
2003) (which the Court granted on February 17, 2015, see Docket Entry No. 25) is
VACATED.
The Court is also in receipt of Petitioner’s First Amended Petition for Writ of Habeas
Corpus by a Person in State Custody (“First Amended Petition”), filed on July 15, 2015.
It is ORDERED that:
1.

CV-90 (10/08)

If Respondent contends that the First Amended Petition can be decided without
the Court reaching the merits of Petitioner’s claims, within thirty (30) days the
date of this Minute Order (or by no later than September 10, 2015), Respondent
may file a Motion to Dismiss the First Amended Petition. If Respondent files
a Motion to Dismiss the First Amended Petition, Petitioner shall file his
opposition, if any, to the Motion to Dismiss within thirty (30) days of the date
of service thereof.
CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV-14-5679 -AS

Date

Title

August 11, 2015

Mark Verba v. C. Wofford, Warden

2.

If Respondent does not contend that the First Amended Petition can be decided
without the Court reaching the merits of Petitioner’s claims, Respondent shall
file an Answer to the First Amended Petition within forty-five days of the date
of this Minute Order (or by no later than September 25, 2015). If Respondent
files an Answer to the First Amended Petition, Petitioner shall file his Reply
within thirty (30) days of the date of service thereof.

3.

All other provisions of the Court’s July 24, 2014 Order Requiring Response to
Petition remain in effect.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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