Hughes v. Marshall
Filing
8
ORDER re 7 MOTION for Leave to Proceed in forma pauperis filed by Nick R. Hughes, ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 4/20/11. (lrc, COURT STAFF) (Filed on 4/25/2011)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
10
11
12
13
14
No. C 11-01185 SBA (PR)
NICK R. HUGHES,
ORDER GRANTING IN FORMA
PAUPERIS STATUS AND DIRECTING
RESPONDENT TO SHOW CAUSE WHY
THE PETITION SHOULD NOT BE
GRANTED
Petitioner,
v.
JOHN MARSHALL, Warden,
15
Respondent.
/
16
17
Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28
18
U.S.C. § 2254. Petitioner also seeks leave to proceed in forma pauperis. It does not appear from the
19
face of the petition that it is without merit. Good cause appearing, the Court hereby issues the
20
following orders:
21
1.
Petitioner's application to proceed in forma pauperis is GRANTED.
22
2.
The Clerk of the Court shall serve a copy of this Order and the petition and all
23
attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State
24
of California. The Clerk shall also serve a copy of this Order on Petitioner at his current address.
25
3.
Respondent shall file with this Court and serve upon Petitioner, within one-hundred
26
and twenty (120) days of the issuance of this Order, an Answer conforming in all respects to Rule 5
27
of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not
28
be issued. Respondent shall file with the Answer a copy of all portions of the relevant state records
1
that have been transcribed previously and that are relevant to a determination of the issues presented
2
by the petition.
3
4.
If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with
4
the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should
5
Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty (60) days
6
after the date Petitioner is served with Respondent's Answer.
7
5.
Respondent may file with this Court and serve upon Petitioner, within sixty (60) days
of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an Answer, as set
9
forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If
10
United States District Court
For the Northern District of California
8
Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an
11
opposition or statement of non-opposition to the motion within sixty (60) days of receipt of the
12
motion, and Respondent shall file with the Court and serve on Petitioner a reply within fifteen (15)
13
days of receipt of any opposition.
14
6.
It is Petitioner's responsibility to prosecute this case. Petitioner must keep the Court
15
and Respondent informed of any change of address and must comply with the Court's orders in a
16
timely fashion. Petitioner must also serve on Respondent's counsel all communications with the
17
Court by mailing a true copy of the document to Respondent's counsel.
18
7.
Extensions of time are not favored, though reasonable extensions will be granted.
19
Any motion for an extension of time must be filed no later than ten (10) days prior to the deadline
20
sought to be extended.
21
8.
22
IT IS SO ORDERED.
23
DATED:
This Order terminates Docket no. 7.
4/20/11
SAUNDRA BROWN ARMSTRONG
United States District Judge
24
25
26
27
28
2
1
2
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
3
NICK R HUGHES,
Case Number: CV11-01185 SBA
4
Plaintiff,
CERTIFICATE OF SERVICE
5
v.
6
JOHN MARSHALL 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 25, 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
15
16
17
Nick R. Hughes V-59310
California Men’s Colony
P.O. Box 8101
San Luis Obispo, CA 93409
Dated: April 25, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk
18
19
20
21
22
23
24
25
26
27
28
G:\PRO-SE\SBA\HC.11\Hughes1185.OSC.frm
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?