Tiano v. Grounds

Filing 2

ORDER TO SHOW CAUSE. Signed by Judge Claudia Wilken on 1/11/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARMAND JOSEPH TIANO,

No. C 11-05011 CW (PR)

Petitioner,
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ORDER TO SHOW CAUSE

v.
RANDY GROUNDS, Warden,
Respondent.

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/

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

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United States District Court
For the Northern District of California

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

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validity of his criminal conviction.

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fee.

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without merit.

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following orders:

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He has paid the $5.00 filing

It does not appear from the face of the petition that it is

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Good cause appearing, the Court hereby issues the

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.

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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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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

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

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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.

If Respondent files such a motion,

United States District Court
For the Northern District of California

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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.

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.

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6.

Petitioner must also serve on Respondent's counsel

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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Any motion for an extension of time

Dated: 1/11/2012
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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