Evans v. State of California

Filing 11

ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 11/7/11. (lrc, COURT STAFF) (Filed on 11/9/2011)

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 11-03129 SBA (PR)

JAMES EVANS, JR.,

ORDER TO SHOW CAUSE

Petitioner,
v.
CONNIE GIPSON, Acting 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. He has been granted 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.

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

22

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

23

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

24

2.

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

25

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

26

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

27

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

28

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

1

3.

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

2

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

3

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

4

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

5

4.

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

6

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

7

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

8

Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an

9

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

10

motion, and Respondent shall file with the Court and serve on Petitioner a reply within fifteen (15)

11

days of receipt of any opposition.

12

5.

It is Petitioner's responsibility to prosecute this case. Petitioner must keep the Court

13

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

14

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

15

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

16

6.

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

17

Any motion for an extension of time must be filed no later than ten (10) days prior to the deadline

18

sought to be extended.

19
20

IT IS SO ORDERED.
DATED:

11/7/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

21
22
23
24
25
26
27
28
2

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

JAMES EVANS JR.,

7
8
9
United States District Court
For the Northern District of California

10

Case Number: CV11-03129 SBA

Plaintiff,

CERTIFICATE OF SERVICE

v.
STATE OF CA et al,
Defendant.

/

11
12
13
14
15

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 November 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.

16
17

19

James Evans F-06497
California State Prison - Corcoran
P.O. Box 8800
Corcoran, CA 93212-8309

20

Dated: November 9, 2011

18

Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

21
22
23
24
25
26
27
28

G:\PRO-SE\SBA\HC.11\Evans3129.OSC.wpd

3