Drop v. Allen

Filing 5

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 3/20/2023. Signed by Judge Robert M. Illman on 1/18/2023. (rmilc2, COURT STAFF) (Filed on 1/18/2023)

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Case 1:22-cv-04436-RMI Document 5 Filed 01/18/23 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT DROP, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 22-cv-04436-RMI ORDER TO SHOW CAUSE v. TRENT ALLEN, Defendant. 12 13 Petitioner, a California prisoner, filed a petition for a writ of habeas corpus pursuant to 28 14 U.S.C. § 2254 challenging his state criminal conviction. It does not appear from the face of the 15 petition that it is without merit. Therefore, good cause appearing, the Court hereby issues the 16 following Orders: 17 (1) The Clerk of Court must serve a copy of this order and the Petition upon the 18 Respondent and the respondent’s attorney, the Attorney General of the State of 19 California, and include a copy of the “consent or declination to magistrate judge 20 jurisdiction form.” 21 (2) The Clerk must electronically serve a copy of this order and the petition and any 22 exhibits thereto upon the respondent and the respondent’s attorney, the Attorney 23 General of the State of California, at the following e-mail address: 24 SFAWTParalegals@doj.ca.gov. 25 (3) No later than sixty days from the date of this Order, Respondent shall file with this 26 Court and serve upon Petitioner an Answer conforming in all respects to Rule 5 of the 27 Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus 28 should not be issued. Respondent shall file with the Answer all portions of the state Case 1:22-cv-04436-RMI Document 5 Filed 01/18/23 Page 2 of 2 1 record that have been transcribed previously and are relevant to a determination of the 2 issues presented by the Petition. If Petitioner wishes to respond to the Answer, he shall 3 do so by filing a Traverse with the court and serving it on Respondent within thirty 4 days of his receipt of the Answer. If he does not do so, the Petition will be deemed 5 submitted and ready for decision on the date the Traverse is due. United States District Court Northern District of California 6 (4) No later than sixty days from the date of this Order, Respondent may file with this 7 Court and serve upon Petitioner a motion to dismiss on procedural grounds in lieu of an 8 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules 9 Governing Section 2254 Cases. If Respondent files such a Motion, Petitioner shall file 10 with the Court and serve on Respondent an Opposition, or Statement of Non- 11 Opposition, to the Motion within thirty days of its receipt, and Respondent may file 12 with the court and serve on Petitioner a Reply within fourteen days of receipt of any 13 Opposition. 14 (5) Requests for extensions of time are not favored, however, reasonable extensions will 15 be granted. Any motion for an extension of time must be filed no later than three days 16 prior to the deadline sought to be extended. 17 18 IT IS SO ORDERED. Dated: January 18, 2023 19 20 ROBERT M. ILLMAN United States Magistrate Judge 21 22 23 24 25 26 27 28 2

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