Cook v. Asuncion

Filing 7

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 12/18/2017. Signed by Judge Vince Chhabria on 10/19/17. (vclc1S, COURT STAFF) (Filed on 10/19/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

NATHANAEL JOSEPH COOK,

Case No. 17-cv-05388-VC

Plaintiff,
ORDER TO SHOW CAUSE

v.
DEBBIE ASUNCION,
Defendant.

Nathanael Joseph Cook'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 to 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. The respondent is also ordered to file and serve a copy of all
portions of the state-court 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: October 19, 2017
______________________________________
VINCE CHHABRIA
United States District Judge