Lopez v. Montgomery et al

Filing 4

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 5/7/2018. Signed by Judge Maria-Elena James on 3/6/2018. (mejlc2S, COURT STAFF) (Filed on 3/6/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADRIAN LOPEZ,

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Case No. 18-cv-01333-MEJ

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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WARREN L. MONTGOMERY, et al.,

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Defendants.
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United States District Court
Northern District of California

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Petitioner, who is in custody, filed a petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. The Court has reviewed the petition and concludes that it warrants a response.1

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1)

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(s)

(2)

Respondent(s) shall then file and serve an answer in accordance with 28 U.S.C. § 2254,

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Rule 5 and Habeas Corpus Local Rule 2254-6. Respondent(s) shall file with the answer

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and serve on Petitioner a copy of all portions of the underlying state criminal record that

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were previously transcribed and are relevant to the issues presented by the petition.

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(3)

accordance with 28 U.S.C. § 2254, Rule 5 and Habeas Corpus Local Rule 2254-6.

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Petitioner may serve and file a traverse responding to matters raised in the answer in

(4)

Respondent(s) may file a motion to dismiss on procedural grounds in lieu of an answer, as

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set 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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While not alleged in the Petition, Petitioner was convicted in Alameda County Superior Court.
See People v. Lopez, 2015 WL 4575896, at *1 (Cal. Ct. App. July 30, 2015). The Court takes
judicial notice of this opinion. See Lee v. City of Los Angeles, 250 F.3d 668, 690 (9th Cir. 2001).

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Respondent(s) 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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The Clerk shall serve by mail a copy of this Order and the Petition upon the Respondent
and the Respondent’s attorney, the Attorney General of the State of California.
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: March 6, 2018
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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