Love v. Hill

Filing 13

ORDER TO SHOW CAUSE RE RESPONSE TO PENDING MOTION TO DISMISS CLAIMS. Signed by Judge Jeffrey S. White on 11/8/13. (jjoS, COURT STAFF) (Filed on 11/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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

United States District Court

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TERRELL LOVE,

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No. C 12-6068 JSW

Petitioner,
v.

ORDER TO SHOW CAUSE RE
RESPONSE TO PENDING
MOTION TO DISMISS CLAIMS

RICK HILL, Warden,
Respondent.
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Petitioner Terrell Love, a state prisoner, has filed a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss Claim V as

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procedurally defaulted and Claim IV and unexhausted. Petitioner sought and was granted an

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extension of time to file a response to the pending motion to dismiss by no later than September

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23, 2013. As of the date of this Order, Petitioner has failed to file a response.

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Accordingly, this Court VACATES the hearing on the motion to dismiss currently set

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for November 15, 2013 and ISSUES this Order to Show Cause to Petitioner to require a

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response in writing by no later than November 15, 2013 as to why the challenged claims should

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not be dismissed with prejudice. The response shall also address whether Petitioner intends to

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maintain the rest of his claims and, if so, proffer a schedule for the remaining briefing of the

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matter. Should Petitioner fail to respond timely to this Order or fail to file timely briefing in the

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future, he shall face monetary and other sanctions, up to and including dismissal of this habeas

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petition.

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IT IS SO ORDERED.
Dated:

November 8, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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