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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SUSAN MAE POLK,

No. C 12-5986 WHA (PR)
AMENDED ORDER TO SHOW
CAUSE

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v.
For the Northern District of California

United States District Court

Petitioner,
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MATTHEW CATE,
Respondent.

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Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. 2254 setting forth 89 claims. On December 21, 2012, respondent

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was ordered to show cause why the petition should not be granted based upon these claims. On

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January 22, 2013, petitioner submitted an amended petition also setting forth 89 claims. As this

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is petitioner’s first time amending her petition, leave to file the amended petition is Granted.

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Petitioner may not continue to amend the petition indefinitely. If petitioner wants to

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further amend the petition, she must do so on or before March 1, 2013. Leave to further amend

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the petition will not be granted after that date, and any further amended petition received after

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that date will not be filed.

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The clerk shall mail a copy of this order and the amended petition (dkt. 14-16) with all

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attachments to the respondent and the respondent's attorney, the Attorney General of the State

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of California.

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On or before June 1, 2013, respondent shall file with the court and serve on petitioner

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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 granted based on the claims set forth

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in the amended petition which are, when liberally construed, cognizable. Respondent shall file

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

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

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the petition. If petitioner wishes to respond to the answer, she shall do so by filing a traverse

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with the court and serving it on respondent within 28 days of the date the answer is filed.

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Respondent may alternatively file, on or before June 1, 2013, a motion to dismiss on

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For the Northern District of California

procedural grounds in lieu of an answer, as set forth in the Advisory Committee Notes to Rule

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United States District Court

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file with the court and serve on respondent an opposition or statement of non-opposition within

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28 days of the date the motion is filed, and respondent shall file with the court and serve on

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

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IT IS SO ORDERED.

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Dated: January

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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\POLK5986.OSC2.wpd

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