Bryant v. Felker

Filing 20

ORDER LIFTING STAY AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE WRIT SHOULD NOT BE GRANTED. Motions terminated: 13 MOTION to hold amended petition for petitioner's filing of second amended petition. Case reopened.. Signed by Judge Claudia Wilken on 6/30/09. (scc, COURT STAFF) (Filed on 6/30/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MARVIN BRYANT,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 06-00005 CW (PR) ORDER LIFTING STAY AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE WRIT SHOULD NOT BE GRANTED /

Petitioner,

T. FELKER, Warden, Respondent.

Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 15, 2007, the Court issued an Order granting Petitioner's request for a stay of proceedings while he returned to state court to exhaust his state judicial remedies with respect to the issue of re-sentencing. In April, 2007, Petitioner informed

the Court that his state proceedings had concluded, and he filed an amended petition containing his exhausted claim relating to the issue of re-sentencing. He notes that the California Supreme Court On May 23,

denied his state habeas petition on April 11, 2007.

2007, he filed a motion entitled, "Motion to Hold Amended Petition for Petitioner's Filing of Second Amended Petition." 2007, he filed his second amended petition. Before the Court are Petitioner's implied motion for leave to file his second amended petition and his "Motion to Hold Amended Petition for Petitioner's Filing of Second Amended Petition." Good cause appearing, the Court lifts the stay and GRANTS Petitioner leave to file his second amended petition. The Clerk of On May 29,

the Court is directed to mark Petitioner's second amended petition as filed on May 29, 2007, the date it was received.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Clerk of the Court shall REOPEN this case and serve a copy of this Order and the second amended petition and all attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State of California. The Clerk shall also serve a

copy of this Order on Petitioner at his most current address. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) days of the issuance of this Order, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondent shall file with the answer

a copy of all portions of the state trial record that have been transcribed previously and that are relevant to a determination of the issues presented by the petition. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the Court and serving it on Respondent within thirty (30) days of his receipt of the answer. Otherwise,

the petition will be deemed submitted and ready for decision thirty days after the date Petitioner is served with Respondent's answer. Petitioner is reminded that all communications with the Court, whether by way of formal legal motions or informal letters, must be served on Respondent by mailing a true copy of the document to Respondent's counsel. Extensions of time are not favored, though reasonable extensions will be granted. Any motion for an extension of time

must be filed no later than seven (7) days prior to the deadline sought to be extended.

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Petitioner's "Motion to Hold Amended Petition for Petitioner's Filing of Second Amended Petition" (docket no. 13) is denied as moot. This Order terminates Docket no. 13. IT IS SO ORDERED. Dated: 6/30/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARVIN BRYANT III, Plaintiff, v. T.FELKER et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV06-00005 CW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 30, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Marvin Bryant T-92379 3-114U CSP-Solano P.O. Box 4000 Vacaville, CA 95696-4000 Attorney General State of California 455 Golden Gate Avenue, #11000 San Francisco, CA 94102 Warden CSP-Solano P.O. Box 4000 Vacaville, CA 95696-4000 Dated: June 30, 2009

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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