Norra v. The People of California

Filing 10

ORDER TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 1/18/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DEANDRE NORRA,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 11-4322 PJH (PR)

vs.

ORDER TO SHOW CAUSE

THE PEOPLE,
Respondent.
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This is a habeas case filed pro se by a state prisoner. The petition was dismissed

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with leave to amend. Petitioner has amended, contending that his conviction was not

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supported by sufficient evidence. This claim is sufficient to require a response.

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CONCLUSION
1. The clerk shall serve by regular mail a copy of this order and the petition and all

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attachments thereto on respondent and respondent's attorney, the Attorney General of the

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State of California. The clerk also shall serve a copy of this order on petitioner.

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2. Respondent shall file with the court and serve on petitioner, within sixty days of

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the issuance of this order, an answer conforming in all respects to Rule 5 of the Rules

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

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granted. Respondent shall file with the answer and serve on petitioner a copy of all

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portions of the state trial record that have been transcribed previously and that are relevant

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to a determination of the issues presented by the petition.

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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 days of his receipt of the answer.
3. 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 within thirty days of

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receipt of the motion, and respondent shall file with the court and serve on petitioner a reply

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within fifteen days of receipt of any opposition.

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4. Petitioner is reminded that all communications with the court must be served on

must keep the court informed of any change of address and must comply with the court's

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orders in a timely fashion. Failure to do so may result in the dismissal of this action for

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failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). See Martinez v.

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For the Northern District of California

respondent by mailing a true copy of the document to respondent’s counsel. Petitioner

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United States District Court

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Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases).

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IT IS SO ORDERED.
Dated: January 18, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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P:\PRO-SE\PJH\HC.11\NORRA4322.OSC.wpd

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