Kimbrough v. Knowles

Filing 37

ORDER LIFTING STAY, DIRECTING CLERK OF THE COURT TO FILE SECOND AMENDED PETITION, AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION FOR A WRIT OF HABEAS CORPUS SHOULD NOT BE GRANTED. Signed by Judge Jeffrey S. White on 2/28/06. (jjo, COURT STAFF) (Filed on 2/28/2006)

Kimbrough v. Knowles

Doc. 37

Case 3:03-cv-01968-JSW

Document 37

Filed 02/28/2006

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I N THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA

A L V IN CORNELIUS KIMBROUGH, ) ) Petitioner, ) ) vs. ) ) M I K E KNOWLES, Warden, ) ) Res pon dent. ) )

N o . C 03-1968 JSW (PR) O R D E R LIFTING STAY, DIRECTING C L E R K OF THE COURT TO FILE S E C O N D AMENDED PETITION, AND D I R E C T I N G RESPONDENT TO S H O W CAUSE WHY THE PETITION F O R A WRIT OF HABEAS CORPUS S H O U L D NOT BE GRANTED

P e t i t io n e r is a California prisoner who filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In an order dated September 12, 2003, the Court fou nd that Petitioner raised six cognizable claims for relief. The Court issued an Order to Sh ow Cause directing Respondent to show cause why the petition should not be granted. Four days later, on September 16, 2003, Petitioner moved to stay the habeas petition w h i l e he returned to state court to exhaust additional claims. The Court granted Petitioner's request for a stay on October 16, 2003. After complying with the Court's o r d e r to file interim reports on the exhaustion status of his claims, on August 15, 2005, Pet ition er filed an amended petition which contains his newly exhausted claims. Accordingly, the stay of proceedings entered on October 16, 2003 (docket no. 8) is L I F T E D and the Court grants Petitioner leave to amend his first amended petition with the n e w l y exhausted claims. The Clerk of the Court shall attach the first amended petition that was received into the court file on August 19, 2003, to the amended petition that was filed in the court file on August 15, 2005 (docket no. 36), and shall file and docket this new combined document as Petitioner's SECOND AMENDED PETITION. The Clerk shall serve a copy of this order and the SECOND AMENDED P E T I T I O N , and all attachments thereto, on Respondent and Respondent's attorney, the Attorney General of the State of California. The Clerk also shall serve a copy of this order on Petitioner . Respondent shall file with the Court and serve on Petitioner, within sixty (60) days
Dockets.Justia.com

Case 3:03-cv-01968-JSW

Document 37

Filed 02/28/2006

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of the issuance of this order, an answer conforming in all respects to Rule 5 of the Rules G o v e r n i n g Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted . Respondent shall file with the answer and serve on Petitioner a copy of all p o r t io n s of the state trial record that have been transcribed previously and that are relevant to a determination of the issues presented by the petition. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse w i t h the Court and serving it on Respondent within thirty (30) days of his receipt of the answer. Resp o n d en t may file a motion to dismiss on procedural grounds in lieu of an a n s w e r, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court a n d serve on Respondent an opposition or statement of non-opposition within thirty (30) d a ys of receipt of the motion, and Respondent shall file with the Court and serve on P e t it i o n er a reply within fifteen (15) days of receipt of any opposition. R e a s o n ab l e extensions of time may be granted upon motion made to the Court and s e r v ed upon the opposing party no later than seven (7) days before the previously set filing due date. I T IS SO ORDERED. D A T E D : February 28, 2006

JEFFREY S. WHITE U n i t ed States District Judge

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