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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ERIC ZACHARY ANDERSON, 9 Petitioner, v. SCHEDULING ORDER 11 For the Northern District of California United States District Court 10 No. C-11-2636 EMC (pr) MIKE McDONALD, Warden, 12 Respondent. ___________________________________/ 13 14 In an order filed September 18, 2012, the Court set a briefing schedule for the first amended 15 petition. See Docket # 15. Due to an oversight at the Courthouse, the order was not served on 16 Respondent. Accordingly, the Court now vacates the briefing schedule in that order and sets the 17 following new briefing schedule: 18 1. The Clerk shall serve by mail a copy of this order, the order filed on 19 September 18, 2012, the petition, the amended petition, and the first amended petition upon 20 Respondent and Respondent's attorney, the Attorney General of the State of California. The Clerk 21 shall also serve a copy of this order on Petitioner. 22 2. Respondent must file and serve upon Petitioner, on or before March 29, 23 2013, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, 24 showing cause why a writ of habeas corpus should not be issued. Respondent must file with the 25 answer a copy of all portions of the court proceedings that have been previously transcribed and that 26 are relevant to a determination of the issues presented by the first amended petition. 27 28 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it on Respondent on or before April 26, 2013. 1 Petitioner wrote to the Court that the Court had sent mail to him at an outdated address. The 2 reason for the misdirected mail appears to be Petitioner's failure to file a notice of change of address. 3 Petitioner is cautioned that he needs to file a one-page document that he labels as a "Notice of 4 Change of Address" that provides his updated address every time he is moved to a new prison or if 5 he is released from prison. 6 7 IT IS SO ORDERED. 8 9 Dated: January 29, 2013 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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