Wilson v. Hedgpeth
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY ROSIER WILSON,
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Petitioner,
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vs.
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Northern District of California
United States District Court
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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
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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 also seeks leave to proceed in forma pauperis. It does not appear from the face of
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the Petition that it is without merit. Good cause appearing, the Court hereby issues the following
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orders:
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1.
Petitioner’s Application to Proceed in Forma Pauperis is GRANTED.
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2.
The Clerk of the Court shall serve a copy of the Petition and all attachments thereto
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(Dkt. Nos. 1 & 2) and a copy of this Order upon Respondent and Respondent’s attorney, the Attorney
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General of the State of California.
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3.
Respondent shall file with this Court and serve upon Petitioner’s attorney, within one-
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hundred twenty (120) days of the issuance of this Order, an Answer conforming in all respects to Rule
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5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not
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be issued. Respondent shall file with the Answer a copy of all portions of the relevant state records
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that have been transcribed previously and that are relevant to a determination of the issues presented
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by the Petition.
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4.
If Petitioner wishes to reply to the Answer, he shall do so by filing a Traverse with the
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Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should
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Petitioner fail to do so, the Petition will be deemed submitted and ready for decision sixty (60) days
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after the date Petitioner is served with Respondent’s Answer.
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5.
Respondent may file with this Court and serve upon Petitioner, within one-hundred
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twenty (120) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of
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an 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 (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
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United States District Court
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fifteen (15) days of receipt of any opposition.
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6.
Extensions of time are not favored, though reasonable extensions will be granted. Any
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motion for an extension of time must be filed no later than ten (10) days prior to the deadline sought
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to be extended.
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This Order Terminates Docket Number 3.
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IT IS SO ORDERED.
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Dated: April 26, 2012
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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