Johnson v. Swarthout et al

Filing 28

ORDER DIRECTING RESPONDENT TO FILE ANSWER TO PETITION. Habeas Answer due by 6/4/2013. Signed by Judge Claudia Wilken on 4/5/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAUL SAMUEL JOHNSON,

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No. C 11-6688 CW (PR)

Petitioner,

ORDER DIRECTING
RESPONDENT TO FILE
ANSWER TO PETITION

v.
STEVE FREITAS, SONOMA COUNTY
SHERIFF,
Respondent.
________________________________/

United States District Court
For the Northern District of California

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Petitioner Paul Samuel Johnson filed this pro se petition for

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a writ of habeas corpus when he was incarcerated.

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2012, Respondent moved to dismiss the petition because it

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contained an unexhausted claim.

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motion.

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subject to dismissal for failure to state a cognizable ground for

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federal habeas corpus relief.

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the unexhausted claim and denied the motion to dismiss.

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Additionally, the Court, aware that Petitioner no longer is

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incarcerated, declined to require Respondent to file an answer

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addressing the two remaining claims in the petition unless

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Petitioner informed the Court of his continued intent to prosecute

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this action.

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On December 19,

Petitioner did not oppose the

On March 19, 2013, the Court found the unexhausted claim

Consequently, the Court dismissed

On March 25, 2013, Petitioner notified the Court that he

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intends to proceed with the prosecution of the present petition.

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Accordingly, the Court orders as follows:

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No later than sixty days from the date of this Order,
Respondent shall file with this Court and serve upon Petitioner an

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Answer conforming in all respects to Rule 5 of the Rules Governing

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Section 2254 Cases, showing cause why a writ of habeas corpus

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should not be issued.

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portions of the state record that have been transcribed previously

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and are relevant to a determination of the issues presented by the

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petition.

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Respondent shall file with the Answer all

If Petitioner wishes to respond to the Answer, he shall do so

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by filing a Traverse with the Court and serving it on Respondent

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no later than thirty days from his receipt of the Answer.

If he

United States District Court
For the Northern District of California

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does not do so, the petition will be deemed submitted and ready

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for decision on the date the Traverse is due.

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No hearings will be held in this matter without a Court
order.
IT IS SO ORDERED.
Dated: 4/5/2013

CLAUDIA WILKEN
United States District Judge

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