Turner v. Foulk et al

Filing 2

ORDER TO SHOW CAUSE. Signed by Judge Edward M. Chen on 1/6/2014. (emclc1, COURT STAFF) (Filed on 1/6/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 VINCENT TURNER, 9 11 For the Northern District of California United States District Court 10 No. C-13-5718 EMC Petitioner, v. ORDER TO SHOW CAUSE FRED FOULK, Warden, High Desert State Prison, 12 Respondent. 13 ___________________________________/ 14 15 Petitioner, a state prisoner incarcerated at the High Desert State Prison in Susanville, 16 California, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is 17 represented by counsel. 18 IT IS ORDERED as follows: 19 (1) The Clerk of the Court shall serve a copy of the petition and this order upon 20 Respondent and the Attorney General. See Section 2254 Rule 4. The Clerk of the Court shall also 21 serve a copy of this order upon Petitioner’s counsel. 22 23 24 (2) Within 60 days of service of the petition, Respondent shall file and serve an answer to the petition in accordance with Section 2254 Rule 5 and Habeas Corpus Local Rule 2254-6. (3) Within 30 days after Respondent has filed the answer, Petitioner may serve and file a 25 traverse responding to matters raised in the answer in accordance with Section 2254 Rule 5 and 26 Habeas Corpus Local Rule 2254-6. 27 28 (4) Respondent may file, within sixty days, a motion in lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If 1 Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an 2 opposition or statement of non-opposition within thirty days of the date the motion is filed, and 3 Respondent shall file with the Court and serve on Petitioner a reply within fifteen days of the date 4 any opposition is filed. 5 6 IT IS SO ORDERED. 7 8 Dated: January 6, 2014 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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