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