Brown v. Grounds

Filing 17

ORDER TO SHOW CAUSE; LIFTING STAY AND ADMINISTRATIVELY REOPENING CASE Show Cause Response due by 6/14/2013. Signed by Judge William Alsup on 3/8/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 3/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ORDER TO SHOW CAUSE;
LIFTING STAY AND
ADMINISTRATIVELY REOPENING
CASE

Petitioner,

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No. C 12-1714 WHA (PR)

ROWMOND BROWN,

v.
R. GROUNDS, Warden,

(Docket No. 16)

Respondent.
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Petitioner, a prisoner of the State of California, filed a habeas corpus petition pursuant to

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28 U.S.C. 2254. The petition set forth seven claims. He was granted leave to amend his sixth

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claim to assert a violation of federal law, specifically the federal constitutional right to due

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process. The case was also stayed to allow petitioner to exhaust the new grounds for his claim.

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Petitioner has filed an amendment to the petition (dkt. 16) in which he indicates that the

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California Supreme Court rejected his habeas petition setting forth the new grounds for the

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claim. He also lists his seven claims, including the newly exhausted sixth claim as amended.

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In light of the foregoing,

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1. Respondent shall file with the court and serve on petitioner, within 91 days the date

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this order is filed, an answer conforming in all respects to Rule 5 of the Rules Governing

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Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted based on

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the seven claims in the petition as amended by docket number 16. Respondent shall file with

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the answer and serve on petitioner a copy of all portions of the state trial record that have been

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transcribed previously and that are relevant to a determination of the issues presented by the

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petition.

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If petitioner wishes to respond to the answer, he shall do so by filing a traverse with the
court and serving it on respondent within 28 days of the date the answer is filed.
2. Respondent may file, within 91 days, a motion to dismiss on procedural grounds in

Governing Section 2254 Cases. If respondent files such a motion, petitioner shall file with the

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court and serve on respondent an opposition or statement of non-opposition within 28 days of

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For the Northern District of California

lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules

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United States District Court

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the date the motion is filed, and respondent shall file with the court and serve on petitioner a

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reply within 14 days of the date any opposition is filed.

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3. Petitioner is reminded that all communications with the court must be served on

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respondent by mailing a true copy of the document to respondent’s counsel. Petitioner must

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keep the court informed of any change of address and must comply with the court's orders in a

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timely fashion. Failure to do so may result in the dismissal of this action for failure to prosecute

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pursuant to Federal Rule of Civil Procedure 41(b). See Martinez v. Johnson, 104 F.3d 769, 772

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(5th Cir. 1997) (Rule 41(b) applicable in habeas cases).

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The stay is lifted. The clerk shall administratively reopen the file.

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IT IS SO ORDERED.

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Dated: March

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, 2013.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\HC.12\BROWN1714.OSC2.wpd

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