Wilkins v. Macomber

Filing 48

ORDER EXTENDING ANSWER DEADLINE * SEE ORDER TO SHOW CAUSE/SERVICE - DOCKET NO. 46 (Illston, Susan) (Filed on 10/27/2017) Modified on 10/27/2017 (tfS, COURT STAFF). The Clerk's Office is directed to provide service.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEENAN G. WILKINS,
Plaintiff,

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JEFF MACOMBER,
Defendant.

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United States District Court
Northern District of California

ORDER EXTENDING ANSWER
DEADLINE

v.

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Case No. 16-cv-00221-SI

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On August 24, 2017, the Court issued an Order to Show Cause, ordering respondent to
On October 26, 2017, plaintiff’s counsel filed a

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answer by October 23, 2017. Docket No. 46.

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letter noting that defendant did not answer and that it appears defendant may not have been served

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as the Court previously ordered. Docket No. 47.

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Accordingly, the Court hereby ORDERS:

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1.

The clerk shall serve a copy of this order, the Order to Show Cause (Docket No.

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46), the amended petition and all attachments thereto upon respondent and respondent’s attorney,

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the Attorney General of the State of California. The clerk shall also serve a copy of this order on

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petitioner.

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2.

Respondent must file and serve upon petitioner, on or before January 5, 2018, an

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answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing

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cause why a writ of habeas corpus should not be issued. Respondent must file with the answer a

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copy of all portions of the court proceedings that have been previously transcribed and that are

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relevant to a determination of the issues presented by the petition. Respondent’s memorandum

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of points and authorities shall not exceed 50 pages.

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3.

If petitioner wishes to respond to the answer, he must do so by filing a traverse with

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the Court and serving it on respondent on or before February 5, 2018.

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Petitioner’s

memorandum of points and authorities shall not exceed 25 pages.

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IT IS SO ORDERED.
Dated: October 27, 2017
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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