Mosby v. Grounds

Filing 6

ORDER TO SHOW CAUSE: Respondent shall file/serve an Answer to or Motion to Dismiss the Petition for Writ of Habeas Corpus within (30) thirty-days of issuance of this Order; Petitioner may file a Traverse or Opposition within (30) thirty-days of receipt of the Answer/Motion to Dismiss. Signed by Judge Saundra Brown Armstrong on 8/11/10. (Attachments: # 1 Certificate of Service)(kc, COURT STAFF) (Filed on 8/11/2010)

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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 2254. On August 5, 2010, the Court directed Respondent to show cause why a writ of habeas corpus should not be issued. On August 10, 2010, Plaintiff filed an amended petition. It does not appear from the face of the amended petition that it is without merit. 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 amended petition and VINCENT A. MOSBY, Petitioner, v. RANDY GROUNDS, Acting Warden, Respondent. / No. C 10-01332 SBA (PR) SECOND ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Petitioner, a state prisoner, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 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 thirty (30) days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 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 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 thirty (30) days of his receipt of the Answer. Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision thirty (30) days after the date Petitioner is served with Respondent's Answer. 4. Respondent may file with this Court and serve upon Petitioner, within thirty (30) days of the issuance of this Order, 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 thirty (30) 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 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: 8/11/10 SAUNDRA BROWN ARMSTRONG United States District Judge G:\PRO-SE\SBA\HC.10\Mosby1332.2ndOSC.wp2 d

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