Parker v. Spearman

Filing 4

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 9/4/2015. Signed by Judge Vince Chhabria on 7/6/2015. (knm, COURT STAFF) (Filed on 7/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC VERNON PARKER,

Case No. 15-cv-02431-VC (PR)

Petitioner,
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ORDER TO SHOW CAUSE
v.

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M. E. SPEARMAN,
Respondent.

United States District Court
Northern District of California

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Petitioner Eric Vernon Parker is a state prisoner currently incarcerated at the California

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Training Facility in Soledad, California. He has filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, challenging his sentence imposed in the Contra Costa County

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Superior Court. Parker has paid the $5.00 filing fee.

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It does not appear from the face of the petition that it is clearly without merit. Good cause
appearing, the Court hereby issues the following orders:
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The Clerk of the Court shall serve a copy of this Order and the petition and all

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attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the

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State of California. The Clerk also shall serve a copy of this Order on Parker at his current

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address.

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2.

No later than sixty days from the date of this Order, Respondent shall file with this

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Court and serve upon Parker an Answer conforming in all respects to Rule 5 of the Rules

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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued.

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Respondent shall file with the Answer all portions of the state record that have been transcribed

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previously and are relevant to a determination of the issues presented by the petition. If Parker

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wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it

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on Respondent within thirty days of his receipt of the Answer. If he does not do so, the petition

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will be deemed submitted and ready for decision on the date the Traverse is due.

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3.

No later than sixty days from the date of this Order, Respondent may file with this

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Court and serve upon Parker a motion to dismiss on procedural grounds in lieu of an Answer, as

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set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases.

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If Respondent files such a motion, Parker shall file with the Court and serve on Respondent an

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opposition or statement of non-opposition to the motion within thirty days of receipt of the

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motion, and Respondent shall file with the Court and serve on Parker a reply within fourteen days

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of receipt of an opposition.

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4.

It is Parker’s responsibility to prosecute this case. He must keep the Court

United States District Court
Northern District of California

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informed of any change of address by filing a separate paper with the Clerk headed “Notice of

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Change of Address,” and must comply with the Court's orders in a timely fashion. He also must

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serve on Respondent’s counsel all communications with the Court by mailing a true copy of the

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document to Respondent’s counsel.

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5.

Extensions of time are not favored, though reasonable extensions will be granted.

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Any motion for an extension of time must be filed no later than ten days prior to the deadline

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sought to be extended.

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IT IS SO ORDERED.
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Dated: July 6, 2015
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______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC VERNON PARKER,

Case No. 15-cv-02431-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. E. SPEARMAN,
Defendant.

United States District Court
Northern District of California

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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 July 6, 2015, 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.

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Eric Vernon Parker ID: G-02354
CTF North A RB131 low
PO Box 705
Soledad, CA 93960

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Dated: July 6, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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