Thompson v. Fox
Filing
3
ORDER FOR CLERK OF COURT TO SERVE RESPONDENT; ORDER TO SHOW CAUSE. Signed by Judge Maria-Elena James on 12/2/2014. (cdnS, COURT STAFF) (Filed on 12/2/2014)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
DAMARCUS ANTHONY THOMPSON,
Case No. 14-cv-05178-MEJ
Plaintiff,
8
ORDER TO SHOW CAUSE
v.
9
10
ROBERT W. FOX,
Defendant.
United States District Court
Northern District of California
11
12
Petitioner, who is in custody, has filed a petition for a writ of habeas corpus pursuant to 28
13
14
U.S.C. § 2254. The Court has reviewed the petition and concludes that it warrants a response.
15
Accordingly, IT IS HEREBY ORDERED as follows:
16
(1)
The Clerk of Court shall serve a copy of the petition and this order upon Respondent(s)
17
and the Attorney General of the State of California. See 28 U.S.C. § 2254, Rule 4. The
18
Clerk of Court shall also serve a copy of this order upon Petitioner’s counsel.
19
(2)
Respondent(s) shall then file and serve an answer in accordance with 28 U.S.C. § 2254,
20
Rule 5 and Habeas Corpus Local Rule 2254-6. Respondent(s) shall file with the answer
21
and serve on Petitioner a copy of all portions of the underlying state criminal record that
22
were previously transcribed and are relevant to the issues presented by the petition.
23
(3)
accordance with 28 U.S.C. § 2254, Rule 5 and Habeas Corpus Local Rule 2254-6.
24
25
Petitioner may serve and file a traverse responding to matters raised in the answer in
(4)
Respondent(s) may file a motion to dismiss on procedural grounds in lieu of an answer, as
26
set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254
27
Cases within 60 days of the date this order is filed. If such a motion is filed, Petitioner
28
shall file with the Court and serve on Respondent(s) an opposition or statement of non-
1
opposition within 28 days of the date the motion is filed, and Respondent(s) shall file with
2
the Court and serve on Petitioner a reply within 14 days of the date any opposition is filed.
3
IT IS SO ORDERED.
4
5
6
7
Dated: December 2, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?