Mays v. Hedgpeth et al

Filing 3

ORDER TO SHOW CAUSE. Habeas Answer due by 7/18/2013. Signed by Judge Yvonne Gonzalez Rogers on 5/16/13. (fs, COURT STAFF) (Filed on 5/16/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT DEAN MAYS
Case No.: 11-CV-5531 YGR
Petitioner,

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United States District Court
Northern District of California

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ORDER TO SHOW CAUSE
vs.
ANTHONY HEDGPETH, et al.,
Respondents.

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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. It does not appear from the face of the petition

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that it is without merit. Good cause appearing, the Court ORDERS as follows:

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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-three

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(63) 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.

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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
petition.
3.

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 sixty-three (63) days of his receipt of the

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Answer. Should Petitioner fail to do so, the petition will be deemed submitted and ready for

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decision sixty-three (63) days after the date Petitioner is served with Respondent’s Answer.

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4.

Respondent may file with this Court and serve upon Petitioner, within sixty-three

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(63) days of the issuance of this Order, 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 Section

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2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on

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Respondent an opposition or statement of non-opposition to the motion within sixty-three (63)

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days of receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a

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reply within fourteen (14) days of receipt of any opposition.

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United States District Court
Northern District of California

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5.

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

Any motion for an extension of time must be filed no later than fourteen (14) days prior to the
deadline sought to be extended.
IT IS SO ORDERED.

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Date: May 16, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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