Wilson v. Hedgpeth

Filing 6

ORDER GRANTING IN FORMA PAUPERIS STATUS AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Signed by Judge Yvonne Gonzalez Rogers on 4/26/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/26/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY ROSIER WILSON, 8 Petitioner, 9 vs. 10 Northern District of California United States District Court 11 Case No.: C-11-06479 YGR ORDER GRANTING IN FORMA PAUPERIS STATUS AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED ANTHONY HEDGPETH, Warden, Salinas Valley State Prison 12 Respondent. 13 14 15 Petitioner, a state prisoner, has filed this Petition for a Writ of Habeas Corpus pursuant to 28 16 U.S.C. § 2254. He also seeks leave to proceed in forma pauperis. It does not appear from the face of 17 the Petition that it is without merit. Good cause appearing, the Court hereby issues the following 18 orders: 19 1. Petitioner’s Application to Proceed in Forma Pauperis is GRANTED. 20 2. The Clerk of the Court shall serve a copy of the Petition and all attachments thereto 21 (Dkt. Nos. 1 & 2) and a copy of this Order upon Respondent and Respondent’s attorney, the Attorney 22 General of the State of California. 23 3. Respondent shall file with this Court and serve upon Petitioner’s attorney, within one- 24 hundred twenty (120) days of the issuance of this Order, an Answer conforming in all respects to Rule 25 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not 26 be issued. Respondent shall file with the Answer a copy of all portions of the relevant state records 27 that have been transcribed previously and that are relevant to a determination of the issues presented 28 by the Petition. 1 4. If Petitioner wishes to reply to the Answer, he shall do so by filing a Traverse with the 2 Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should 3 Petitioner fail to do so, the Petition will be deemed submitted and ready for decision sixty (60) days 4 after the date Petitioner is served with Respondent’s Answer. 5 5. Respondent may file with this Court and serve upon Petitioner, within one-hundred 6 twenty (120) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of 7 an Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 8 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 9 Respondent an opposition or statement of non-opposition to the motion within sixty (60) days of Northern District of California receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply within 11 United States District Court 10 fifteen (15) days of receipt of any opposition. 12 6. Extensions of time are not favored, though reasonable extensions will be granted. Any 13 motion for an extension of time must be filed no later than ten (10) days prior to the deadline sought 14 to be extended. 15 This Order Terminates Docket Number 3. 16 IT IS SO ORDERED. 17 18 19 Dated: April 26, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 2

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