Harvey v. Swarthout

Filing 10

ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 9/8/11. (lrc, COURT STAFF) (Filed on 9/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-03032 SBA (PR)

DARRYL KEITH HARVEY,

ORDER TO SHOW CAUSE

Petitioner,
v.
GARY SWARTHOUT, Warden,

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Respondent.

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Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. He has paid the $5.00 filing fee. It does not appear from the face of the petition that

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it is without merit. Good cause appearing, the Court hereby issues the following orders:

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1.

The Clerk of the Court shall serve a copy of this Order and the petition and all

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attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State

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of California. The Clerk shall also serve a copy of this Order on Petitioner at his current address.

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2.

Respondent shall file with this Court and serve upon Petitioner, within one-hundred

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and twenty (120) days of the issuance of this Order, an Answer conforming in all respects to Rule 5

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of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not

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be issued. Respondent shall file with the Answer a copy of all portions of the relevant state records

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that have been transcribed previously and that are relevant to a determination of the issues presented

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by the petition.

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3.

If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with

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the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should

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Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty (60) days

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after the date Petitioner is served with Respondent's Answer.

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4.

Respondent may file with this Court and serve upon Petitioner, within sixty (60) days

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of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an Answer, as set

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forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If

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Respondent files such a motion, 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 sixty (60) days of receipt of the

United States District Court
For the Northern District of California

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motion, and Respondent shall file 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. Petitioner must keep the Court

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

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timely fashion. Petitioner must also serve on Respondent's counsel all communications with the

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Court by mailing a true copy of the document to Respondent's counsel.

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6.

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

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Any motion for an extension of time 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.
DATED:

9/8/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DARRYL KEITH HARVEY,
Case Number: CV11-03032 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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GARY SWARTHOUT 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 September 9, 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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Darryl Keith Harvey E-16700
California State Prison, Solano (4000)
P.O. Box 4000
Vacaville, CA 95696-4000
Dated: September 9, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\HC.11\Harvey3032.OSC.wpd

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