Hernandez v. Grounds

Filing 18

ORDER to show cause as to why case should not be dismissed. Petitioner to file response by 07/31/15. Signed by Judge Thelton E. Henderson on 07/21/15. (tehlc3, COURT STAFF) (Filed on 7/21/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RODRIGO VASQUEZ HERNANDEZ,
Petitioner,

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v.
RANDY GROUNDS,

Case No. 15-cv-03279-TEH
ORDER TO SHOW CAUSE AS TO
WHY CASE SHOULD NOT BE
DISMISSED

Respondent.

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Petitioner Rodrigo Vasquez Hernandez has filed a petition for writ of habeas corpus

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United States District Court
Northern District of California

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pursuant to 28 U.S.C. § 2254. This is the third such petition he has filed in this Court. The

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Court denied the first petition on August 3, 2009 (Case No. C08-2892 TEH, ECF No. 14),

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and dismissed without prejudice the second petition on January 24, 2011 (Case No.

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C11-0119 TEH, ECF No. 3).

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It does not appear that Petitioner has received permission from the United States

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Court of Appeals for the Ninth Circuit to file this successive petition, as required by

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28 U.S.C. § 2244(b)(3)(A). Accordingly, IT IS HEREBY ORDERED that, on or before

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July 31, 2015, Petitioner shall show cause as to why this case should not be dismissed.

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Failure to file a timely response will result in dismissal of this case without prejudice.

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IT IS SO ORDERED.

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Dated: 07/21/15

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THELTON E. HENDERSON
United States District Judge