Frank v. Chavez

Filing 4

ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 12/12/11. (lrc, COURT STAFF) (Filed on 12/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C 11-05204 SBA (PR)

RAYMOND TIMOTHY FRANK,

ORDER TO SHOW CAUSE AND
DIRECTING RESPONDENT TO
RESPOND TO PETITIONER'S
APPLICATION TO FILE AMICUS
BRIEF

Petitioner,
v.
FRANK X. CHAVEZ, Warden,
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. Petitioner has also filed a document entitled,

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"Application to File Brief of Amicus Curiae of Physicians and Bio-Scientists on Behalf of Petitioner

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Raymond Frank" (docket no. 2). The Court chooses not to rule on Petitioner's application until

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Respondent is given the opportunity to respond to it; therefore, the parties shall abide by the briefing

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schedule outlined below.

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It does not appear from the face of the petition that it is without merit. Good cause
appearing, the Court hereby issues the following orders:
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 sixty (60)

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

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

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petition. Along with his Answer, Respondent shall also file a Response to Petitioner's "Application

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to File Brief of Amicus Curiae of Physicians and Bio-Scientists on Behalf of Petitioner Raymond

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Frank."

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3.

If Petitioner wishes to respond to Respondent's Answer and Response, he shall do so

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by filing a Traverse and Reply to the Response with the Court and serving it on Respondent within

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sixty (60) days of his receipt of the Answer and Response. Should Petitioner fail to do so, the

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petition will be deemed submitted and ready for decision sixty (60) days after the date Petitioner is

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served with Respondent's Answer and Response.
4.

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

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For the Northern District of California

United States District Court

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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

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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. Even if Respondent chooses to file a motion to dismiss, the

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parties are still directed to abide by the briefing schedule above relating to Petitioner's application to

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file an amicus brief.

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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:

12/12/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND TIMOTHY FRANK,

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Plaintiff,

CERTIFICATE OF SERVICE

v.
FRANK X. CHAVEZ et al,
Defendant.

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For the Northern District of California

United States District Court

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Case Number: CV11-05204 SBA

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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 December 13, 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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Raymond Timothy Frank V-72179
Sierra Conservation Center
5150 O’Byrnes Ferry Road
Jamestown, CA 95327

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Dated: December 13, 2011

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

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