Nothnagel v. Allenby

Filing 5

ORDER TO SHOW CAUSE. Signed by Judge Claudia Wilken on 8/30/2011. (ndr, COURT STAFF) (Filed on 8/30/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-03753 CW (PR)

PREN NOTHNAGEL,

ORDER TO SHOW CAUSE

Petitioner,
v.

United States District Court
For the Northern District of California

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CLIFF ALLENBY, Acting Director,
California Department of Mental
Health,

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Respondent.

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Petitioner, a civil detainee, has filed this petition for a

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

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civil commitment proceeding.

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does not appear from the face of the petition that it is without

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merit.

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orders:

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1.

He has paid the $5.00 filing fee.

It

Good cause appearing, the Court hereby issues the following

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

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and the petition and all attachments thereto upon Respondent and

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

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California.1

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Petitioner at his current address.

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2.

The Clerk shall also serve a copy of this Order on

Respondent shall file with this Court and serve upon

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

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

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Cliff Allenby, Acting Director of the California Department of
Mental Health which operates Coalinga State Hospital, where Petitioner
is incarcerated, has been substituted as Respondent pursuant to Rule
25(d) of the Federal Rules of Civil Procedure.

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

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habeas corpus should not be issued.

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

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have been transcribed previously and that are relevant to a

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determination of the issues presented by the petition.

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3.

Respondent shall file with the

If Petitioner wishes to respond to the Answer, he shall

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do so by filing a Traverse with the Court and serving it on

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Respondent within sixty (60) days of his receipt of the Answer.

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Should Petitioner fail to do so, the petition will be deemed

United States District Court
For the Northern District of California

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submitted and ready for decision sixty (60) days after the date

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Petitioner is served with Respondent's Answer.

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4.

Respondent may file with this Court and serve upon

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Petitioner, within sixty (60) days of the issuance of this Order, a

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motion to dismiss on procedural grounds in lieu of an Answer, as

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set forth in the Advisory Committee Notes to Rule 4 of the Rules

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Governing Section 2254 Cases.

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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

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sixty (60) days of receipt of the motion, and Respondent shall file

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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.

If Respondent files such a motion,

It is Petitioner's responsibility to prosecute this case.

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Petitioner must keep the Court and Respondent informed of any

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

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timely fashion.

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all communications with the Court by mailing a true copy of the

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document to Respondent's counsel.

Petitioner must also serve on Respondent's counsel

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6.

Extensions of time are not favored, though reasonable

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extensions will be granted.

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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.

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Dated:

Any motion for an extension of time

8/30/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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PREN NOTHNAGEL,

Case Number: CV11-03753 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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HUMBOLDT COUNTY OF 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 August 30, 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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Pren Nothnagel 1040 Unit 13
Coalinga State Hospital
P.O. Box 5003
Coalinga, CA 93210-5003
Dated: August 30, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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