Trujillo v. Grounds

Filing 8

ORDER GRANTING 7 IN FORMA PAUPERIS STATUS AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Signed by Judge Claudia Wilken on 6/20/2011. (ndr, COURT STAFF) (Filed on 6/20/2011)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3

AMADO REYES TRUJILLO,

4

Petitioner,

5
6

No. C 11-01908 CW (PR)
ORDER GRANTING IN FORMA
PAUPERIS STATUS AND DIRECTING
RESPONDENT TO SHOW CAUSE WHY
THE PETITION SHOULD NOT BE
GRANTED

v.
RANDY GROUNDS, Warden,
Respondent.

7

/

8
9

Petitioner, a state prisoner, has filed this petition for a

United States District Court
For the Northern District of California

10

writ of habeas corpus pursuant to 28 U.S.C. § 2254.

11

leave to proceed in forma pauperis.

12

face of the petition that it is without merit.

13

appearing, the Court hereby issues the following orders:

14
15
16

1.

He also seeks

It does not appear from the
Good cause

Petitioner's application to proceed in forma pauperis is

GRANTED.
2.

The Clerk of the Court shall serve a copy of this Order

17

and the petition and all attachments thereto upon Respondent and

18

Respondent's attorney, the Attorney General of the State of

19

California.

20

Petitioner at his current address.

21

3.

The Clerk shall also serve a copy of this Order on

Respondent shall file with this Court and serve upon

22

Petitioner, within one-hundred twenty (120) days of the issuance of

23

this Order, an Answer conforming in all respects to Rule 5 of the

24

Rules Governing Section 2254 Cases, showing cause why a writ of

25

habeas corpus should not be issued.

26

Answer a copy of all portions of the relevant state records that

27

have been transcribed previously and that are relevant to a

28

determination of the issues presented by the petition.

Respondent shall file with the

4.
1
2
3
4
5
6
7
8
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

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 sixty (60) days of his receipt of the Answer.
Should Petitioner fail to do so, the petition will be deemed
submitted and ready for decision sixty (60) days after the date
Petitioner is served with Respondent's Answer.
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 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
sixty (60) 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.
6.

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.
7.

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: 6/20/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

28

2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

1
2
3

AMADO REYES TRUJILLO,
Case Number: CV11-01908 CW
Plaintiff,

4
5
6
7

CERTIFICATE OF SERVICE
v.
RANDY GROUNDS et al,
Defendant.

/

8
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

10
United States District Court
For the Northern District of California

9

That on June 20, 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.

11
12
13
14

16

Amado Reyes Trujillo V01212
Correctional Training Facility
P.O. Box 705
Soledad, CA 93960-0705

17

Dated: June 20, 2011

15

18

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

19
20
21
22
23
24
25
26
27
28

3