Love v. Hill

Filing 15

ORDER by Judge Jeffrey S. White GRANTING 10 Motion to Dismiss Claims IV and V and Setting Briefing Schedule. (jswlc2, COURT STAFF) (Filed on 11/13/2013)

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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 RE MOTION TO
DISMISS AND SETTING
BRIEFING SCHEDULE

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 filed a motion to dismiss Claim V as procedurally

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defaulted and Claim IV as unexhausted. Petitioner sought and was granted an extension of time

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to file a response to the pending motion to dismiss but Petitioner failed to file a response. The

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Court issued an order to show cause as to why the challenged claims should not be dismissed

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with prejudice.

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On November 12, 2013, the Court received Petitioner’s response to the order to show

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cause. Although in his declaration, counsel for Petitioner references his offer to submit the

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matter, Petitioner briefly argues that the unexhausted Claim IV is sufficiently interrelated to

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have been fairly presented. Petitioner concedes that Claim V is procedurally barred.

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The Court finds Claim IV to be unexhausted and Claim V to be procedurally barred.
Accordingly, the motion to dismiss is GRANTED.

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Petitioner has indicated that he intends to pursue the remaining claims in the Petition.

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Respondent is hereby ordered to file an answer within 30 days of this Order and Petitioner shall

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file a traverse within 30 days of the filing of Respondent’s answer. Petitioner is again

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admonished that failure to file timely briefing in the future shall result in monetary and other

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sanctions, up to and including dismissal of this habeas petition.

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Dated:

November 13, 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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IT IS SO ORDERED.

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