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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL D. PEAU,

Case No. 15-cv-05564-VC

(PR)

Petitioner,
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ORDER TO SHOW CAUSE

v.
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STUART SHERMAN, et al.,
Respondents.

United States District Court
Northern District of California

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Petitioner Michael D. Peau is a state prisoner currently incarcerated at the Corcoran State

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Prison. He has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,

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challenging his sentence imposed in the Alameda County Superior Court. Peau has paid the $5.00

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filing fee.

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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:
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The Clerk of the Court shall serve a copy of this Order and the petition and all

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attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the

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State of California. The Clerk also shall serve a copy of this Order on Parker at his current

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address.

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2.

No later than sixty days from the date of this Order, Respondent shall file with this

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Court and serve upon Peau an Answer conforming in all respects to Rule 5 of the Rules Governing

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Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondent

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shall file with the Answer all portions of the state record that have been transcribed previously and

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are relevant to a determination of the issues presented by the petition. If Peau wishes to respond

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to the Answer, he shall do so by filing a Traverse with the Court and serving it on Respondent

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within thirty days of his receipt of the Answer. If he does not do so, the petition will be deemed

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submitted and ready for decision on the date the Traverse is due.

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3.

No later than sixty days from the date of this Order, Respondent may file with this

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Court and serve upon Peau a motion to dismiss on procedural grounds in lieu of an Answer, as set

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forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If

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Respondent files such a motion, Peau shall file with the Court and serve on Respondent an

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opposition or statement of non-opposition to the motion within thirty days of receipt of the

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motion, and Respondent shall file with the Court and serve on Peau a reply within fourteen days of

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receipt of an opposition.

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4.

It is Peau’s responsibility to prosecute this case. He must keep the Court informed

United States District Court
Northern District of California

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of any change of address by filing a separate paper with the Clerk headed “Notice of Change of

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Address,” and must comply with the Court's orders in a timely fashion. He also must serve on

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Respondent’s counsel all communications with the Court by mailing a true copy of the document

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to Respondent’s counsel.

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5.

Extensions of time are not favored, though reasonable extensions will be granted.

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Any motion for an extension of time must be filed no later than ten days prior to the deadline

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sought to be extended.

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IT IS SO ORDERED.
Dated: February 5, 2016
______________________________________
VINCE CHHABRIA
United States District Judge

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