Daily v. Haviland

Filing 6

ORDER TO SHOW CAUSE: Respondent shall file/serve an Answer to the Petition for Writ of Habeas Corpus within (120) one-hundred, twenty-days of issuance of this Order; Petitioner may file a Traverse within (60) sixty-days of receipt of the Answer. Signed by Judge Signed by Judge Saundra Brown Armstrong, on 2/8/10. (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF).

1 2 3 4 5 6 JOSEPH LEE DAILY, 7 8

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No: C 10-0338 SBA (PR) ORDER TO SHOW CAUSE

Petitioner, vs.

9 BEN CURRY, WARDEN. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Respondent.

Petitioner, Joseph Lee Daily, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, who is represented by counsel, challenges the Board of Parole Hearing's decision in 2007 denying his request for parole and related ruling that it would be unreasonable to grant him a parole hearing within the next three years. Good cause appearing, the Court 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's counsel, Steve DeFilippos, Picone & DeFilippos, 625 N. First St., San Jose, California 95112. 2. Respondent shall file with this Court and serve upon Petitioner, within one-

hundred and 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 Respondent within sixty (60) days of his receipt of the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. 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 ten (10) days prior to the deadline sought to be extended. IT IS SO ORDERED.

Dated: February 8, 2010

_______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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