Smith v. Curry
ORDER TO SHOW CAUSE. 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 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. GARY SMITH,
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 009-00097 CW (PR) ORDER TO SHOW CAUSE
BEN CURRY, Warden, Respondent. /
Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. the $5.00 filing fee. He has paid
It does not appear from the face of the Good cause appearing, the Court
petition that it is without merit. hereby issues the following orders: 1.
The Clerk of the Court shall serve a copy of this Order
and the 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 current address. 2. Respondent shall file with this Court and serve upon
Petitioner, within one-hundred twenty (120) 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 relevant state records that have been transcribed previously and that are relevant to a determination of the issues presented by the petition. 3. If Petitioner wishes to respond to the Answer, he shall
do so by filing a Traverse with the Court and serving it on
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
Respondent within sixty (60) days of his receipt of the Answer. Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty (60) days after the date Petitioner is served with Respondent's Answer. 4. Respondent may file a motion to dismiss on procedural
grounds in lieu of an Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If Respondent files such a motion, Petitioner shall file
with the Court and serve on Respondent an opposition or statement of non-opposition to the motion within sixty (60) days of receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply within fifteen (15) days of receipt of any opposition. 5. It is Petitioner's responsibility to prosecute this case.
Petitioner must keep the Court and Respondent informed of any change of address and must comply with the Court's orders in a timely fashion. Petitioner must also serve on Respondent's counsel
all communications with the Court by mailing a true copy of the document to Respondent's counsel. 6. Extensions of time are not favored, though reasonable Any motion for an extension of time
extensions will be granted.
must be filed no later than ten (10) days prior to the deadline sought to be extended. IT IS SO ORDERED. Dated: 6/30/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE
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 GARY SMITH, Plaintiff, v. BEN CURRY et al, Defendant.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case Number: CV09-00097 CW CERTIFICATE OF SERVICE
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.
Gary Smith D-39109 Correctional Training Facility - Soledad P.O. Box 705 Soledad, CA 93960 Attorney General State of California 455 Golden Gate Avenue, #11000 San Francisco, CA 94102 Ben Curry, Warden Correctional Training Facility - Soledad P.O. Box 686 Soledad, CA 93960 Dated: June 30, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk
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