Barron v. Harris

Filing 22

ORDER re denying 14 Request filed by Anthony R. Barron, denying 20 MOTION for Entry of Default filed by Anthony R. Barron. Signed by Judge Charles R. Breyer on 1/11/2016. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 1/12/2016)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ANTHONY R. BARRON, F73020, Petitioner, 9 10 11 12 vs. CLARK E. DUCART, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 15-3157 CRB (PR) ORDER (Dkt. #14 & 20) 13 14 Petitioner has filed a request for entry of default on the ground that 15 respondent did not file a response to the court’s order to show cause why a writ 16 of habeas corpus should not be granted by December 18, 2015, as directed by the 17 court. Petitioner’s request (dkt. #20) is DENIED. 18 The docket shows that respondent filed a motion to dismiss the petition for 19 a writ of habeas corpus as untimely on December 18, 2015 (see dkt. #18) and 20 served a copy on petitioner at his then address of record at Pelican Bay State 21 Prison (PBSP). But because petitioner was transferred from PBSP to Pleasant 22 Valley State Prison (PVSP) around that same time it appears that he did not 23 receive a copy of respondent’s motion to dismiss. Good cause appearing 24 therefor, respondent shall serve another copy of the motion to dismiss on 25 petitioner at his new address of record at PVSP within five (5) days of this order. 26 Plaintiff shall file an opposition, or notice of non-opposition, to the motion to 27 dismiss by no later than February 19, 2016, and respondent shall file a reply to 28 any opposition within 14 days of the filing of the opposition. 1 Petitioner’s application (dkt. #14) for release during the pendency of this 2 federal habeas proceeding is DENIED. See Land v. Deeds, 878 F.2d 318, 318-9 3 (9th Cir. 1989) (district court may release state prisoner on bail pending 4 resolution of federal habeas proceeding only in extraordinary cases involving 5 special circumstances or a high probability of success) (citing Aronson v. May, 6 85 S. Ct. 3, 5 (1964) (requiring both exceptional circumstances and high 7 probability of success)). 8 SO ORDERED. 9 DATED: Jan. 11, 2015 CHARLES R. BREYER United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 G:\PRO-SE\CRB\HC.15\Barron, A.15-3157.or1.wpd 27 28 2

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