Townsend v. Soto et al

Filing 3

ORDER TO SHOW CAUSE re: Petition for Writ of Habeas Corpus. Signed by Judge Maria-Elena James on 8/17/2015. (cdnS, COURT STAFF) (Filed on 8/17/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

LLOYD GARY TOWNSEND,

Case No. 15-cv-03692-MEJ

Plaintiff,
5

ORDER TO SHOW CAUSE

v.
6
7

JOHN SOTO, et al.,
Defendants.

8
Petitioner, who is in custody, has filed a petition for a writ of habeas corpus pursuant to 28

9

U.S.C. § 2254. The Court has reviewed the petition and concludes that it warrants a response.

11
United States District Court
Northern District of California

10

Accordingly, IT IS HEREBY ORDERED as follows:

12

(1)

the Attorney General of the State of California. See 28 U.S.C. § 2254, Rule 4.

13
14

The Clerk of Court shall serve a copy of the petition and this order upon Respondents and

(2)

Respondents shall then file and serve an answer in accordance with 28 U.S.C. § 2254, Rule

15

5 and Habeas Corpus Local Rule 2254-6. Respondents shall file with the answer and serve

16

on Petitioner a copy of all portions of the underlying state criminal record that were

17

previously transcribed and are relevant to the issues presented by the petition.

18

(3)

accordance with 28 U.S.C. § 2254, Rule 5 and Habeas Corpus Local Rule 2254-6.

19
20

Petitioner may serve and file a traverse responding to matters raised in the answer in

(4)

Respondents may file a motion to dismiss on procedural grounds in lieu of an answer, as

21

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

22

Cases. If such a motion is filed, Petitioner shall file with the Court and serve on

23

Respondents an opposition or statement of non-opposition within 28 days of the date the

24

motion is filed, and Respondents shall file with the Court and serve on Petitioner a reply

25

within 14 days of the date any opposition is filed.

26

IT IS SO ORDERED.

27
28

Dated: August 17, 2015

______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge