Villa v. State of California

Filing 8

ORDER LIFTING STAY; REOPENING CASE; TO SHOW CAUSE. Signed by Judge JEFFREY S. WHITE on 9/5/14. (jjoS, COURT STAFF) (Filed on 9/5/2014)

1
2
3

IN THE UNITED STATES DISTRICT COURT

4

FOR THE NORTHERN DISTRICT OF CALIFORNIA

5
6

MANUEL VILLA,

7
8

Petitioner,
vs.

9
STATE OF CALIFORNIA,

10
Respondent.

11

)
)
)
)
)
)
)
)
)
)
)
)

Nos. C 13-2228 JSW (PR)
ORDER LIFTING STAY; REOPENING
CASE; TO SHOW CAUSE

12
13

Petitioner, a prisoner of the State of California proceeding pro se, has filed a

14

habeas corpus petition pursuant to 28 U.S.C. § 2254 setting forth six claims challenging

15

the constitutionality of his state court conviction. His motion to stay the case to allow him

16

to exhaust the first five claims was granted. He has filed a notice that he has exhausted

17

the claims in which he requests that the stay be lifted and that he be allowed to proceed

18

with the petition.

19
20

The Court has previously find the six claims, when liberally construed, to be
cognizable. (See Dkt. No. 5.)

21

For the foregoing reasons and for good cause shown:

22

1.

The stay is LIFTED. The Clerk shall reopen the file.

23

2.

The Clerk shall serve a copy of the petition and all attachments thereto, this

24

order, and the prior order granting the stay (Dkt. No. 5) on Respondent and Respondent's

25

attorney, the Attorney General of the State of California. The Clerk also shall serve a

26

copy of this order on Petitioner.

27
28

3. Respondent shall file with the Court and serve on Petitioner, within ninety-one
(91) days of the issuance of this order, an answer conforming in all respects to Rule 5 of

1

the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus

2

should not be granted. Respondent shall file with the answer and serve on Petitioner a

3

copy of all portions of the state trial record that have been transcribed previously and that

4

are relevant to a determination of the issues presented by the petition. If Petitioner wishes

5

to respond to the answer, he shall do so by filing a traverse with the Court and serving it

6

on Respondent within twenty-eight (28) days of the date the answer is filed.

7

4. Respondent may, within ninety-one (91) days, file a motion to dismiss on

8

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

9

Rule 4 of the Rules Governing Section 2254 Cases. If Respondent files such a motion,

10

Petitioner shall file with the Court and serve on Respondent an opposition or statement of

11

non-opposition within twenty-eight (28) days of the date the motion is filed, and

12

Respondent shall file with the Court and serve on Petitioner a reply within fourteen (14)

13

days of the date any opposition is filed.

14

5. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep

15

the Court informed of any change of address by filing a separate paper captioned “Notice

16

of Change of Address.” He must comply with the Court’s orders in a timely fashion.

17

Failure to do so may result in the dismissal of this action for failure to prosecute pursuant

18

to Federal Rule of Civil Procedure 41(b).

19

IT IS SO ORDERED.

20

DATED: September 5, 2014

21
22

JEFFREY S. WHITE
United States District Judge

23
24
25
26
27
28

2

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

MANUEL VILLA,
Plaintiff,

7
8
9
10

Case Number: CV13-02228 JSW
CERTIFICATE OF SERVICE

v.
CONNIE GIBSON et al,
Defendant.

/

11
12
13
14
15

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on September 5, 2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

16
17
18
19
20
21
22
23
24
25
26
27
28

Manuel Villa K90355
Corcoran State Prison
P.O. Box 3481
Corcoran, CA 93212
Dated: September 5, 2014
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk