Anderson v. McDonald

Filing 18

ORDER - Scheduling Order. Signed by Judge Edward M. Chen on 1/29/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC ZACHARY ANDERSON,

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Petitioner,
v.

SCHEDULING ORDER

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For the Northern District of California

United States District Court

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No. C-11-2636 EMC (pr)

MIKE McDONALD, Warden,

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Respondent.
___________________________________/

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In an order filed September 18, 2012, the Court set a briefing schedule for the first amended

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petition. See Docket # 15. Due to an oversight at the Courthouse, the order was not served on

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Respondent. Accordingly, the Court now vacates the briefing schedule in that order and sets the

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following new briefing schedule:

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1.

The Clerk shall serve by mail a copy of this order, the order filed on

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September 18, 2012, the petition, the amended petition, and the first amended petition upon

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Respondent and Respondent's attorney, the Attorney General of the State of California. The Clerk

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shall also serve a copy of this order on Petitioner.

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2.

Respondent must file and serve upon Petitioner, on or before March 29,

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2013, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases,

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showing cause why a writ of habeas corpus should not be issued. Respondent must file with the

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answer a copy of all portions of the court proceedings that have been previously transcribed and that

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are relevant to a determination of the issues presented by the first amended petition.

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3.

If Petitioner wishes to respond to the answer, he must do so by filing a

traverse with the Court and serving it on Respondent on or before April 26, 2013.

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Petitioner wrote to the Court that the Court had sent mail to him at an outdated address. The

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reason for the misdirected mail appears to be Petitioner's failure to file a notice of change of address.

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Petitioner is cautioned that he needs to file a one-page document that he labels as a "Notice of

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Change of Address" that provides his updated address every time he is moved to a new prison or if

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he is released from prison.

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IT IS SO ORDERED.

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Dated: January 29, 2013
_________________________
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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