Torres v. Barnes

Filing 8

ORDER re 4 MOTION to Dismiss Habeas Petition for Failure to Exhaust State Remedies filed by Ron Barnes, 7 Unconstested MOTION for Leave to Amend the Petition re 1 Petition for Writ of Habeas Corpus filed by Jorge Santos Torres, Motions te rminated: 4 MOTION to Dismiss Habeas Petition for Failure to Exhaust State Remedies filed by Ron Barnes, 7 Unconstested MOTION for Leave to Amend the Petition re 1 Petition for Writ of Habeas Corpus filed by Jorge Santos Torres.. Signed by Judge ARMSTRONG on 1/10/12. (lrc, COURT STAFF) (Filed on 1/10/2012)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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JORGE SANTOS TORRES,

Case No: C 11-1804 SBA (PR)

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ORDER
Petitioner,

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Dkt. 4, 7
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vs.

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Respondent.

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Good cause appearing,

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IT IS HEREBY ORDERED THAT:

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1.

Petitioner’s unopposed motion to file an amended habeas petition is

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GRANTED and Respondent’s motion to dismiss is DENIED as moot. The First Amended

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Petition and related exhibits, attached as exhibits to Petitioner’s Uncontested Motion for

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Leave to Amend the Petition, Response to the Motion to Dismiss, and Motion for a Second

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Order to Show Cause, Dkt. 7-1 and 7-2, shall be deemed filed as of November 16, 2011.

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2.

Respondent shall file with this Court and serve upon Petitioner, within thirty

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(30) days of the issuance of this Order, an Answer to the amended petition which conforms

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in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a

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writ of habeas corpus should not be issued. Respondent shall file with the Answer a copy

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of all portions of the relevant state records that have been transcribed previously and that

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are relevant to a determination of the issues presented by the petition (except to the extent

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that the necessary records have already been submitted to the Court).

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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

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of the Answer. Should Petitioner fail to do so, the amended petition will be deemed

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submitted and ready for decision sixty (60) days after the date Petitioner is served with

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Respondent’s Answer.

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4.

Respondent may file a motion to dismiss on procedural grounds in lieu of an

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Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing

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Section 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court

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and serve on Respondent an opposition or statement of non-opposition to the motion within

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thirty (30) days of receipt of the motion, and Respondent shall file with the Court and serve

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on Petitioner a reply within fifteen (15) days of receipt of any opposition.

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5.

Extensions of time are not favored, though reasonable extensions will be

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granted. Any motion for an extension of time must be filed no later than ten (10) days prior

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to the deadline sought to be extended.

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6.

The motion hearing scheduled for January 24, 2012 is VACATED.

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7.

This Order terminates Docket Nos. 4 and 7.

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IT IS SO ORDERED.

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Dated: January 10, 2012

_____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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