Dailey v. Arnold

Filing 5

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 10/30/2017. Signed by Judge Maria-Elena James on 8/30/2017. (mejlc2S, COURT STAFF) (Filed on 8/30/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 KRISTIAN TYRONE DAILEY, Case No. 17-cv-04670-MEJ Plaintiff, 7 ORDER TO SHOW CAUSE v. 8 9 ERIC ARNOLD, Defendant. 10 United States District Court Northern District of California 11 Petitioner Kristian Dailey, who is in custody, has filed a petition for a writ of habeas 12 13 corpus pursuant to 28 U.S.C. § 2254. The Court has reviewed the petition and concludes that it 14 warrants a response. Accordingly, IT IS HEREBY ORDERED as follows: 15 (1) Arnold and the Attorney General of the State of California. See 28 U.S.C. § 2254, Rule 4. 16 17 The Clerk of Court shall serve a copy of the Petition and this Order upon Respondent Eric (2) Respondent shall then file and serve an answer in accordance with 28 U.S.C. § 2254, Rule 18 5 and Habeas Corpus Local Rule 2254-6. No later than October 30, 2017, Respondent 19 shall file with the answer and serve on Petitioner a copy of all portions of the underlying 20 state criminal record that were previously transcribed and are relevant to the issues 21 presented by the petition. 22 (3) No later than November 29, 2017, Petitioner may serve and file a traverse responding to 23 matters raised in the answer in accordance with 28 U.S.C. § 2254, Rule 5 and Habeas 24 Corpus Local Rule 2254-6. 25 (4) Respondent may file a motion to dismiss on procedural grounds in lieu of an answer, as set 26 forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 27 Cases. If such a motion is filed, Petitioner shall file with the Court and serve on 28 Respondent an opposition or statement of non-opposition within 28 days of the date the 1 motion is filed, and Respondent(s) shall file with the Court and serve on Petitioner a reply 2 within 14 days of the date any opposition is filed. 3 IT IS SO ORDERED. 4 5 6 7 Dated: August 30, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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