Johnson v. Spearman

Filing 14

ORDER TO SHOW CAUSE. Signed by Judge Vince Chhabria on 5/8/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 5/8/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ROBERTO E. JOHNSON,

Case No. 17-cv-00429-VC (PR)

Petitioner,
ORDER TO SHOW CAUSE

v.
M. E. SPEARMAN,
Respondent.

Petitioner Roberto E. Johnson is a state prisoner currently incarcerated at the High Desert
State Prison. He has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254, challenging his conviction in the Alameda County Superior Court. Johnson has paid the
$5.00 filing fee.
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

attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the
State of California. The Clerk also shall serve a copy of this Order on Johnson at his current
address.
2.

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

this Court and serve upon Johnson an Answer conforming in all respects to Rule 5 of the Rules
Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued.
Respondent shall file with the Answer all portions of the state record that have been transcribed
previously and are relevant to a determination of the issues presented by the petition. If Johnson

wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it
on Respondent within thirty days of his receipt of the Answer. If he does not do so, the petition
will be deemed submitted and ready for decision on the date the Traverse is due.
3.

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

Court and serve upon Johnson a motion to dismiss on procedural grounds in lieu of an Answer,
as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254
Cases. If Respondent files such a motion, Johnson shall file with the Court and serve on
Respondent an opposition or statement of non-opposition to the motion within thirty days of
receipt of the motion, and Respondent shall file with the Court and serve on Johnson a reply
within fourteen days of receipt of an opposition.
4.

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

informed of any change of address by filing a separate paper with the Clerk headed “Notice of
Change of Address,” and must comply with the Court's orders in a timely fashion. He also must
serve on Respondent’s counsel all communications with the Court by mailing a true copy of the
document to Respondent’s counsel.
5.

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

Any motion for an extension of time must be filed no later than three days prior to the deadline
sought to be extended.

IT IS SO ORDERED.
Dated: May 8, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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