Tsetse v. Neuschmid

Filing 25

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 1/10/2019. Signed by Judge William Alsup on 11/8/2018. The deputy clerk hereby certifies that on 11/9/2018, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (tlhS, COURT STAFF) (Filed on 11/8/2018)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Petitioner,

For the Northern District of California

United States District Court

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No. C 18-1876 WHA (PR)

PRINCE F. TSETSE,

ORDER TO SHOW CAUSE

v.
ROBERT NEUSCHMID,
Respondent.
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Petitioner, a California prisoner proceeding pro se, filed this habeas petition under 28

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U.S.C. § 2254 challenging his conviction in state court. Petitioner timely filed an amended

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petition claiming that he received ineffective assistance of counsel at trial, which claim was

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presented to and denied by the California Supreme Court. This is a cognizable claim for federal

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habeas relief. Petitioner has filed a notice indicating that he does not wish to seek a stay to

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exhaust additional claims and instead wants to proceed with the amended petition.

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Accordingly, it is hereby ordered as follows:

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1. The Clerk shall mail a copy of this order and the amended petition with all

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attachments to the respondent and the respondent's attorney, the Attorney General of the State

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of California. The clerk shall also serve a copy of this order on the petitioner.

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2. Respondent shall file with the court and serve on petitioner, within sixty-three (63)

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days of the issuance of this order, an answer conforming in all respects to Rule 5 of the Rules

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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be

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granted based on the claim in the amended petition. Respondent shall file with the answer and

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serve on petitioner a copy of all portions of the state prison disciplinary proceedings that are

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relevant to a determination of the issues presented by the petition.

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If petitioner wishes to respond to the answer, she shall do so by filing a traverse with the
court and serving it on respondent within twenty-eight days of the date the answer is filed.
3. Respondent may file, within sixty-three (63) days, a motion to dismiss on procedural

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grounds in lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the

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Rules Governing Section 2254 Cases. If respondent files such a motion, petitioner shall file

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with the court and serve on respondent an opposition or statement of non-opposition within

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twenty-eight days of the date the motion is filed, and respondent shall file with the court and

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For the Northern District of California

United States District Court

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serve on petitioner a reply within fourteen days of the date any opposition is filed.
4. Petitioner is reminded that all communications with the court must be served on

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respondent by mailing a true copy of the document to respondent’s counsel. Petitioner must

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keep the court informed of any change of address and must comply with the court's orders in a

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timely fashion. Failure to do so may result in the dismissal of this action for failure to prosecute

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pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.

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Dated: November

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, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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