Baez v. Muniz

Filing 11

ORDER TO SHOW CAUSE Habeas Answer or Dispositive Motion due by 3/9/2016.. Signed by Judge Alsup on 12/9/2015. (whalc2, COURT STAFF) (Filed on 12/9/2015)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
GUMARO BAEZ,

11
For the Northern District of California

United States District Court

10

12
13
14
15

Petitioner,

No. C 15-01722 WHA

v.
WILLIAM MUNIZ, Warden, Salinas
Valley State Prison,

ORDER TO SHOW CAUSE

Respondent.
/

16
17

Petitioner Gumaro Baez is currently incarcerated in the state of California. Pursuant to

18

28 U.S.C. 2254, he has filed a petition for a writ of habeas corpus, through his counsel. In his

19

petition for writ of habeas corpus, he has stated valid claims under Section 2254. Thus,

20

respondent is ORDERED TO ANSWER THE PETITION.

21

RESPONDENT SHALL FILE WITH THE COURT AND SERVE ON PETITIONER, WITHIN

22

NINETY DAYS OF THE ISSUANCE OF THIS ORDER, AN ANSWER conforming in all respects to Rule

23

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

24

not be granted based on the claims found cognizable herein. Respondent shall file with the

25

answer and serve on petitioner a copy of all portions of the state trial record that have been

26

transcribed previously and that are relevant to a determination of the issues presented by the

27

petition. The record must be indexed. If petitioner wishes to respond to the answer, he SHALL

28

FILE A TRAVERSE AND SERVE IT ON RESPONDENT WITHIN THIRTY DAYS OF THE DATE THAT
THE ANSWER IS FILED.

1

Respondent may file, within ninety days, a motion to dismiss on procedural grounds in

2

lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules

3

Governing Section 2254 Cases. If respondent files such a motion, petitioner shall file with the

4

Court and serve on respondent an opposition or statement of non-opposition within thirty days of

5

the date the motion is filed, and respondent shall file with the Court and serve on petitioner a

6

reply within fifteen days of the date any opposition is filed.

7
8

IT IS SO ORDERED.

9
Dated: December 9, 2015.

WILLIAM ALSUP
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