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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 PAUL SAMUEL JOHNSON, 5 6 7 8 9 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 10 11 Petitioner Paul Samuel Johnson filed this pro se petition for 12 a writ of habeas corpus when he was incarcerated. 13 2012, Respondent moved to dismiss the petition because it 14 contained an unexhausted claim. 15 motion. 16 subject to dismissal for failure to state a cognizable ground for 17 federal habeas corpus relief. 18 the unexhausted claim and denied the motion to dismiss. 19 Additionally, the Court, aware that Petitioner no longer is 20 incarcerated, declined to require Respondent to file an answer 21 addressing the two remaining claims in the petition unless 22 Petitioner informed the Court of his continued intent to prosecute 23 this action. 24 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 25 intends to proceed with the prosecution of the present petition. 26 Accordingly, the Court orders as follows: 27 28 No later than sixty days from the date of this Order, Respondent shall file with this Court and serve upon Petitioner an 1 Answer conforming in all respects to Rule 5 of the Rules Governing 2 Section 2254 Cases, showing cause why a writ of habeas corpus 3 should not be issued. 4 portions of the state record that have been transcribed previously 5 and are relevant to a determination of the issues presented by the 6 petition. 7 Respondent shall file with the Answer all If Petitioner wishes to respond to the Answer, he shall do so 8 by filing a Traverse with the Court and serving it on Respondent 9 no later than thirty days from his receipt of the Answer. If he United States District Court For the Northern District of California 10 does not do so, the petition will be deemed submitted and ready 11 for decision on the date the Traverse is due. 12 13 14 15 16 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 17 18 19 20 21 22 23 24 25 26 27 28 2

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