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