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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM CHARLES JOHNSON,

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Petitioner,

Northern District of California

United States District Court

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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.

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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 that

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it is without merit. Good cause appearing, the Court hereby issues the following orders:

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1.

The Clerk of the Court shall serve a copy of the Petition and all attachments thereto

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(Dkt. No. 1) 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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2.

Respondent shall file with this Court and serve upon Petitioner’s attorney, within

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one-hundred nineteen (119) days of the issuance of this Order, an Answer conforming in all respects

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to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus

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should not be issued. Respondent shall file with the Answer a copy of all portions of the relevant

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state records that have been transcribed previously and that are relevant to a determination of the

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issues presented by the Petition.

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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

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Petitioner fail to do so, the Petition will be deemed submitted and ready for decision sixty-three (63)

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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 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-three (63) days of

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

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fourteen (14) days of receipt of any opposition.

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5.

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

Northern District of California

United States District Court

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motion for an extension of time must be filed no later than fourteen (14) days prior to the deadline

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sought to be extended.

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IT IS SO ORDERED.

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Date: September 27, 2012

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_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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