Wooten v. Montgomery

Filing 6

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 9/13/2016. Signed by Judge Vince Chhabria on 7/15/2016. (knm, COURT STAFF) (Filed on 7/15/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

MIGUEL WOOTEN,

Case No. 16-cv-03755-VC

Plaintiff,
ORDER TO SHOW CAUSE

v.
WARREN L. MONTGOMERY,
Defendant.

Wooten's habeas petition is not "so incredible or frivolous as to warrant summary
dismissal." Hendricks v. Vasquez, 908 F.2d 490, 492 (9th Cir. 1990). The clerk is therefore
ordered to serve a copy of the petition and all supporting materials on the respondent, and the
respondent is ordered to file (and serve on the petitioner) an answer to the petition within 60 days
of the date of this order. Respondent shall also file and serve a copy of all portions of the statecourt record that are relevant in adjudicating the issues raised by the petition.
If the petitioner wishes to file a traverse, he may do so within 30 days of the respondent's
answer.
IT IS SO ORDERED.
Dated: July 15, 2016
______________________________________
VINCE CHHABRIA
United States District Judge