Diaz v. Spearman

Filing 2

ORDER to show cause re: 1 Petition for Writ of Habeas Corpus. Answer due by 04/12/13. Traverse due by 05/13/13. Signed by Judge Thelton E. Henderson on 02/11/13. (tehlc3, COURT STAFF) (Filed on 2/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AXEL DIAZ,

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For the Northern District of California

United States District Court

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Petitioner,

NO. C13-0466 TEH
ORDER TO SHOW CAUSE

v.
MARION SPEARMAN,
Respondent.

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The Court is in receipt of Petitioner Axel Diaz’s petition for writ of habeas corpus.

16 Because it does not “appear[] from the application” that Petitioner is not entitled to habeas
17 relief, the Court hereby orders Respondent Marion Spearman “to show cause why the writ
18 should not be granted.” 28 U.S.C. § 2243. Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of the Court shall serve by certified mail a copy of this order upon

20 Respondent’s attorney, the Attorney General of the State of California. This case has been
21 designated for electronic filing, and Respondent’s attorney shall immediately register with
22 the Court’s electronic case filing (“ECF”) system.
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2. On or before April 12, 2013, Respondent shall file and serve an answer showing

24 cause why this Court should not issue a writ of habeas corpus. Respondent’s answer shall
25 conform in all respects to Rule 5 of the Rules Governing § 2254 cases. In addition,
26 Respondent shall file and serve with his answer a copy of all portions of the administrative
27 record that have been transcribed previously and that are relevant to a determination of the
28 issues presented by the petition.

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3. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse

2 with the Court and serving it on Respondent on or before May 13, 2013.
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4 IT IS SO ORDERED.
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6 Dated: 02/11/13
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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