Johnson v. McDonald

Filing 3

ORDER DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Signed by Judge Yvonne Gonzalez Rogers on 9/27/12. (fs, COURT STAFF) (Filed on 9/27/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 WILLIAM CHARLES JOHNSON, 10 Petitioner, Northern District of California United States District Court 11 12 13 vs. Case No.: 11-CV-06655 YGR ORDER DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED MIKE MCDONALD, Warden, High Desert State Prison, Respondent. 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 has paid the $5.00 filing fee. It does not appear from the face of the Petition that 17 it is without merit. Good cause appearing, the Court hereby issues the following orders: 18 1. The Clerk of the Court shall serve a copy of the Petition and all attachments thereto 19 (Dkt. No. 1) and a copy of this Order upon Respondent and Respondent’s attorney, the Attorney 20 General of the State of California. 21 2. Respondent shall file with this Court and serve upon Petitioner’s attorney, within 22 one-hundred nineteen (119) days of the issuance of this Order, an Answer conforming in all respects 23 to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus 24 should not be issued. Respondent shall file with the Answer a copy of all portions of the relevant 25 state records that have been transcribed previously and that are relevant to a determination of the 26 issues presented by the Petition. 27 28 3. If Petitioner wishes to reply 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 Answer. Should 1 Petitioner fail to do so, the Petition will be deemed submitted and ready for decision sixty-three (63) 2 days after the date Petitioner is served with Respondent’s Answer. 3 4. Respondent may file with this Court and serve upon Petitioner, within one-hundred 4 twenty (120) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of 5 an Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 6 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 7 Respondent an opposition or statement of non-opposition to the motion within sixty-three (63) days of 8 receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply within 9 fourteen (14) days of receipt of any opposition. 10 5. Extensions of time are not favored, though reasonable extensions will be granted. Any Northern District of California United States District Court 11 motion for an extension of time must be filed no later than fourteen (14) days prior to the deadline 12 sought to be extended. 13 IT IS SO ORDERED. 14 Date: September 27, 2012 15 16 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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