Polk v. Cate et al

Filing 17

ORDER TO SHOW CAUSE Habeas Answer due by 6/3/2013. Dispositive Motion due by 6/3/2013. Traverse due by 7/1/2013.. Signed by Judge William Alsup on 1/31/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 1/31/2013)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 SUSAN MAE POLK, No. C 12-5986 WHA (PR) AMENDED ORDER TO SHOW CAUSE 10 11 v. For the Northern District of California United States District Court Petitioner, 12 13 MATTHEW CATE, Respondent. 14 / 15 16 Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of habeas 17 corpus pursuant to 28 U.S.C. 2254 setting forth 89 claims. On December 21, 2012, respondent 18 was ordered to show cause why the petition should not be granted based upon these claims. On 19 January 22, 2013, petitioner submitted an amended petition also setting forth 89 claims. As this 20 is petitioner’s first time amending her petition, leave to file the amended petition is Granted. 21 Petitioner may not continue to amend the petition indefinitely. If petitioner wants to 22 further amend the petition, she must do so on or before March 1, 2013. Leave to further amend 23 the petition will not be granted after that date, and any further amended petition received after 24 that date will not be filed. 25 The clerk shall mail a copy of this order and the amended petition (dkt. 14-16) with all 26 attachments to the respondent and the respondent's attorney, the Attorney General of the State 27 of California. 28 On or before June 1, 2013, respondent shall file with the court and serve on petitioner 1 an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, 2 showing cause why a writ of habeas corpus should not be granted based on the claims set forth 3 in the amended petition which are, when liberally construed, cognizable. Respondent shall file 4 with the answer and serve on petitioner a copy of all portions of the state trial record that have 5 been transcribed previously and that are relevant to a determination of the issues presented by 6 the petition. If petitioner wishes to respond to the answer, she shall do so by filing a traverse 7 with the court and serving it on respondent within 28 days of the date the answer is filed. 8 Respondent may alternatively file, on or before June 1, 2013, a motion to dismiss on 4 of the Rules Governing Section 2254 Cases. If respondent files such a motion, petitioner shall 11 For the Northern District of California procedural grounds in lieu of an answer, as set forth in the Advisory Committee Notes to Rule 10 United States District Court 9 file with the court and serve on respondent an opposition or statement of non-opposition within 12 28 days of the date the motion is filed, and respondent shall file with the court and serve on 13 petitioner a reply within 14 days of the date any opposition is filed. 14 IT IS SO ORDERED. 15 Dated: January 31 , 2013. 16 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 17 18 19 20 G:\PRO-SE\WHA\HC.12\POLK5986.OSC2.wpd 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?