Noel v. Walker

Filing 61

ORDER TO SHOW CAUSE. Petitioner's Response to OSC due by 3/14/2016. Signed by Judge Edward M. Chen on 2/5/2016. (Attachments: # 1 Certificate/Proof of Service).(emcsec, COURT STAFF) (Filed on 2/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICK E. NOEL,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-08-3777 EMC (PR)

GREG LEWIS, Warden,

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ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED

Respondent.
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On or before March 14, 2016, Petitioner is ordered to show cause why this action should not

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be dismissed. Respondent may, but is not required to, file a response to Petitioner’s filing.

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Respondent’s filing, if any, shall be filed within thirty (30) days after Petitioner has filed his

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response to this order. Petitioner may also by March 14, 2016 file a stipulation of dismissal signed

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by all parties under Federal Rule of Civil Procedure 41(a).

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This Court granted Petitioner conditional habeas relief on one of his state convictions (Cal.

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Penal Code section 186.22(a)) and remanded the matter to the court of conviction (the Mendocino

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County Superior Court) for resentencing. The Court is in receipt of a status report from Respondent

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showing that Petitioner was resentenced in accordance with this Court’s order. Because habeas

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relief has been implemented, all that remains is to dismiss the action and enter judgment. Petitioner

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is ordered to show cause why this should not happen, or, if he chooses, to file a statement of non-

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opposition to dismissal, or a stipulated dismissal or other appropriate motion.

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If Petitioner fails to respond to this order by March 14, 2016, the action will be dismissed.

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IT IS SO ORDERED.

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Dated: February 5, 2016

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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