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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 WILLIE E. LATIMORE, Petitioner, 5 6 No. C 11-00538 CW (PR) ORDER TO SHOW CAUSE v. 7 VINCE CULLEN, Warden, 8 Respondent. / 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 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 1 Respondent within sixty (60) days of his receipt of the Answer. 2 Should Petitioner fail to do so, the petition will be deemed 3 submitted and ready for decision sixty (60) days after the date 4 Petitioner is served with Respondent's Answer. 5 4. Respondent may file with this Court and serve upon 6 Petitioner, within sixty (60) days of the issuance of this Order, a 7 motion to dismiss on procedural grounds in lieu of an Answer, as 8 set forth in the Advisory Committee Notes to Rule 4 of the Rules 9 Governing Section 2254 Cases. If Respondent files such a motion, United States District Court For the Northern District of California 10 Petitioner shall file with the Court and serve on Respondent an 11 opposition or statement of non-opposition to the motion within 12 sixty (60) days of receipt of the motion, and Respondent shall file 13 with the Court and serve on Petitioner a reply within fifteen (15) 14 days of receipt of any opposition. 15 5. It is Petitioner's responsibility to prosecute this case. 16 Petitioner must keep the Court and Respondent informed of any 17 change of address and must comply with the Court's orders in a 18 timely fashion. 19 all communications with the Court by mailing a true copy of the 20 document to Respondent's counsel. 21 6. Petitioner must also serve on Respondent's counsel Extensions of time are not favored, though reasonable 22 extensions will be granted. 23 must be filed no later than ten (10) days prior to the deadline 24 sought to be extended. 25 IT IS SO ORDERED. 26 Any motion for an extension of time Dated: 4/15/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 27 28 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 WILLIE E LATIMORE, Case Number: CV11-00538 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 VINCE CULLEN et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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. 13 14 16 Willie E. Latimore G37684 San Quentin State Prison San Quentin, CA 94974 17 Dated: April 15, 2011 15 18 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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