Bickham v. Davis

Filing 7

ORDER TO ANSWER. Signed by Judge Nandor J. Vadas on 3/20/2017. (njvlc1, COURT STAFF) (Filed on 3/20/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 BRIAN BICKHAM, Case No. 1:17-00912 NJV Petitioner, 9 ORDER REQUIRING RESPONSE TO PETITION v. 10 11 WARDEN RONALD J. DAVIS, United States District Court Northern District of California Respondent. 12 13 14 Petitioner, a state prisoner, filed this petition for a writ of habeas corpus pursuant to 28 15 U.S.C. ยง 2254. He is represented by counsel and has paid the $5.00 filing fee. It does not appear 16 from the face of the petition that it is without merit. Good cause appearing, the Court hereby 17 issues the following orders: 1. The Clerk of the Court shall serve a copy of this Order and the petition and all 18 19 attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State 20 of California. 2. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) 21 22 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 23 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 24 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 25 been transcribed previously and that are relevant to a determination of the issues presented by the 26 petition. 27 28 3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it on Respondent within thirty (30) days of his receipt of the Answer. 1 Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision thirty 2 (30) days after the date Petitioner is served with Respondent's Answer. 3 4. Respondent may file a motion to dismiss on procedural grounds in lieu of an 4 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 5 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 6 Respondent an opposition or statement of non-opposition to the motion within thirty (30) days of 7 receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply 8 within fifteen (15) days of receipt of any opposition. 9 5. Extensions of time are not favored, though reasonable extensions will be granted. Any motion for an extension of time must be filed no later than ten (10) days prior to the deadline 11 United States District Court Northern District of California 10 sought to be extended. 12 13 14 15 IT IS SO ORDERED. Dated: March 20, 2017 ______________________________________ NANDOR J. VADAS United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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