Latimore v. Cullen

Filing 3

ORDER TO SHOW CAUSE. Signed by Judge Claudia Wilken on 4/15/2011. (ndr, COURT STAFF) (Filed on 4/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIE E. LATIMORE,
Petitioner,

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No. C 11-00538 CW (PR)
ORDER TO SHOW CAUSE

v.

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VINCE CULLEN, Warden,

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Respondent.

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United States District Court
For the Northern District of California

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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

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 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

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Respondent within sixty (60) days of his receipt of the Answer.

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Should Petitioner fail to do so, the petition will be deemed

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submitted and ready for decision sixty (60) days after the date

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Petitioner is served with Respondent's Answer.

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4.

Respondent may file with this Court and serve upon

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Petitioner, within sixty (60) days of the issuance of this Order, a

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motion to dismiss on procedural grounds in lieu of an Answer, as

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set forth in the Advisory Committee Notes to Rule 4 of the Rules

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Governing Section 2254 Cases.

If Respondent files such a motion,

United States District Court
For the Northern District of California

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Petitioner shall file with the Court and serve on Respondent an

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opposition or statement of non-opposition to the motion within

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sixty (60) days of receipt of the motion, and Respondent shall file

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with the Court and serve on Petitioner a reply within fifteen (15)

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days of receipt of any opposition.

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5.

It is Petitioner's responsibility to prosecute this case.

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Petitioner must keep the Court and Respondent informed of any

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change of address and must comply with the Court's orders in a

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timely fashion.

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all communications with the Court by mailing a true copy of the

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document to Respondent's counsel.

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6.

Petitioner must also serve on Respondent's counsel

Extensions of time are not favored, though reasonable

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extensions will be granted.

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must be filed no later than ten (10) days prior to the deadline

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sought to be extended.

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IT IS SO ORDERED.

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Any motion for an extension of time

Dated: 4/15/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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WILLIE E LATIMORE,

Case Number: CV11-00538 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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VINCE CULLEN et al,
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Defendant.
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United States District Court
For the Northern District of California

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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 April 15, 2011, 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.

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Willie E. Latimore G37684
San Quentin State Prison
San Quentin, CA 94974

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Dated: April 15, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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