Wade v. Foulk
Filing
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ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 9/8/2015. Signed by Judge Thelton E. Henderson on 07/06/2015. (Attachments: # 1 Certificate/Proof of Service)(tmiS, COURT STAFF) (Filed on 7/7/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CLENARD CEBRON WADE,
Case No.
13-cv-4636-TEH
Petitioner,
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v.
ORDER TO SHOW CAUSE
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FRED FOULK,
Respondent.
United States District Court
Northern District of California
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Petitioner Clenard Cebron Wade, a state prisoner, proceeds
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with a pro se petition for a writ of habeas corpus under 28
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U.S.C. § 2254.
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sufficient to require a response and ordered Respondent to show
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cause.
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petition contained both exhausted and unexhausted claims and some
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of the claims failed to raise a federal constitutional issue.
The Court previously found that nine claims were
Respondent filed a motion to dismiss arguing that the
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As noted in the prior Court order several claims were
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dismissed and the Court found that three claims should continue:
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one, two and nine.
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unexhausted but Petitioner could file a motion to stay to exhaust
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it or strike the claim.
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indicating his desire to strike claim seven and continue with the
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other three claims.
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The Court also found that claim seven was
Petitioner had filed a response
Docket No. 26.
Therefore, the case proceeds on the following three claims:
(1) the trial court denied Petitioner his right to represent
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himself; (2) the trial court gave erroneous jury instructions
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with respect to battery with serious bodily injury that violated
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due process; and (3)1 juror misconduct and bias.
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For the foregoing reasons, the Court orders as follows:
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1.
Respondent shall file with the Court and serve on
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Petitioner, within sixty-three (63) days of the issuance of this
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Order, an Answer conforming in all respects to Rule 5 of the
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Rules Governing Section 2254 Cases, showing cause why a writ of
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habeas corpus should not be granted.
Respondent shall file with
the Answer and serve on Petitioner a copy of all portions of the
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United States District Court
Northern District of California
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state trial record that have been transcribed previously and that
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are relevant to a determination of the issues presented by the
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Petition.
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If Petitioner wishes to respond to the Answer, he shall do
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so by filing a Traverse with the Court and serving it on
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Respondent within twenty-eight (28) days of his receipt of the
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Answer.
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2.
In lieu of an Answer, Respondent may file a Motion to
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Dismiss on procedural grounds, as set forth in the Advisory
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Committee Notes to Rule 4 of the Rules Governing Section 2254
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Cases.
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with the Court and serve on Respondent an Opposition or Statement
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of Non-Opposition within thirty-five (35) days of receipt of the
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motion, and Respondent shall file with the Court and serve on
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Petitioner a Reply within fourteen (14) days of receipt of any
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Opposition.
If Respondent files such a motion, Petitioner shall file
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Formerly claim nine.
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Petitioner is reminded that all communications with the
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Court must be served on Respondent by mailing a true copy of the
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document to Respondent’s counsel.
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Court and all parties informed of any change of address by filing
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a separate document entitled “Notice of Change of Address.”
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IT IS SO ORDERED.
Dated: 07/06/2015
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________________________
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\HC.13\Wade4636.osc2.docx
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United States District Court
Northern District of California
Petitioner also must keep the
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