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)

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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

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