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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIAN TYRONE DAILEY,

Case No. 17-cv-04670-MEJ

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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ERIC ARNOLD,
Defendant.

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United States District Court
Northern District of California

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Petitioner Kristian Dailey, who is in custody, has filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The Court has reviewed the petition and concludes that it

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warrants a response. Accordingly, IT IS HEREBY ORDERED as follows:

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(1)

Arnold and the Attorney General of the State of California. See 28 U.S.C. § 2254, Rule 4.

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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

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5 and Habeas Corpus Local Rule 2254-6. No later than October 30, 2017, Respondent

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shall file with the answer and serve on Petitioner a copy of all portions of the underlying

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state criminal record that were previously transcribed and are relevant to the issues

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presented by the petition.

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(3)

No later than November 29, 2017, Petitioner may serve and file a traverse responding to

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matters raised in the answer in accordance with 28 U.S.C. § 2254, Rule 5 and Habeas

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Corpus Local Rule 2254-6.

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(4)

Respondent may file 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

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Cases. If such a motion is filed, Petitioner shall file with the Court and serve on

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Respondent an opposition or statement of non-opposition within 28 days of the date the

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motion is filed, and Respondent(s) shall file with the Court and serve on Petitioner a reply

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within 14 days of the date any opposition is filed.

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IT IS SO ORDERED.

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Dated: August 30, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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