Peau v. Sherman et al

Filing 8

ORDER TO SHOW CAUSE. Signed by Judge Vince Chhabria on 2/5/2016. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 2/5/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL D. PEAU, Case No. 15-cv-05564-VC (PR) Petitioner, 8 ORDER TO SHOW CAUSE v. 9 10 STUART SHERMAN, et al., Respondents. United States District Court Northern District of California 11 12 13 Petitioner Michael D. Peau is a state prisoner currently incarcerated at the Corcoran State 14 Prison. He has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, 15 challenging his sentence imposed in the Alameda County Superior Court. Peau has paid the $5.00 16 filing fee. 17 18 19 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: 1. The Clerk of the Court shall serve a copy of this Order and the petition and all 20 attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the 21 State of California. The Clerk also shall serve a copy of this Order on Parker at his current 22 address. 23 2. No later than sixty days from the date of this Order, Respondent shall file with this 24 Court and serve upon Peau an Answer conforming in all respects to Rule 5 of the Rules Governing 25 Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondent 26 shall file with the Answer all portions of the state record that have been transcribed previously and 27 are relevant to a determination of the issues presented by the petition. If Peau wishes to respond 28 to the Answer, he shall do so by filing a Traverse with the Court and serving it on Respondent 1 within thirty days of his receipt of the Answer. If he does not do so, the petition will be deemed 2 submitted and ready for decision on the date the Traverse is due. 3 3. No later than sixty days from the date of this Order, Respondent may file with this 4 Court and serve upon Peau a motion to dismiss on procedural grounds in lieu of an Answer, as set 5 forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If 6 Respondent files such a motion, Peau shall file with the Court and serve on Respondent an 7 opposition or statement of non-opposition to the motion within thirty days of receipt of the 8 motion, and Respondent shall file with the Court and serve on Peau a reply within fourteen days of 9 receipt of an opposition. 10 4. It is Peau’s responsibility to prosecute this case. He must keep the Court informed United States District Court Northern District of California 11 of any change of address by filing a separate paper with the Clerk headed “Notice of Change of 12 Address,” and must comply with the Court's orders in a timely fashion. He also must serve on 13 Respondent’s counsel all communications with the Court by mailing a true copy of the document 14 to Respondent’s counsel. 15 5. Extensions of time are not favored, though reasonable extensions will be granted. 16 Any motion for an extension of time must be filed no later than ten days prior to the deadline 17 sought to be extended. 18 19 20 21 IT IS SO ORDERED. Dated: February 5, 2016 ______________________________________ VINCE CHHABRIA United States District Judge 22 23 24 25 26 27 28 2

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