Thompson v. Janda

Filing 3

ORDER TO SHOW CAUSE AND GRANTING 2 LEAVE TO PROCEED IN FORMA PAUPERISHabeas Answer due by 2/1/2013. Signed by Judge Claudia Wilken on 12/3/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/3/2012)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

No. C 12-02850 CW (PR)

WILLIE LOUIS THOMPSON,

ORDER TO SHOW CAUSE AND
GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS

Petitioner,
v.

6

G.J. JANDA, Warden,

7

Respondent.
________________________________/

8
9

(Docket no. 2)

Petitioner, a state prisoner proceeding pro se, filed this

United States District Court
For the Northern District of California

10

petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,

11

challenging his state criminal conviction.

12

leave to proceed in forma pauperis.

13

face of the petition that it is without merit.

14

He also moves for

It does not appear from the

Good cause appearing, the Court hereby issues the following

15

orders:

16

1.

Leave to proceed in forma pauperis is GRANTED.

17

2.

The Clerk shall serve a copy of this Order and the

18

petition and all attachments thereto upon Respondent and

19

Respondent’s attorney, the Attorney General of the State of

20

California.

21

Petitioner at his current address.

22

3.

The Clerk also shall serve a copy of this Order on

No later than sixty days from the date of this Order,

23

Respondent shall file with this Court and serve upon Petitioner an

24

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

25

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

26

should not be issued.

27

portions of the state record that have been transcribed previously

28

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

Respondent shall file with the Answer all

1

petition.

2

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

3

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

4

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

5

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

6

for decision on the date the Traverse is due.

7

4.

If he

No later than sixty days from the date of this Order,

Respondent may file with this Court and serve upon Petitioner a

9

motion to dismiss on procedural grounds in lieu of an Answer, as

10
United States District Court
For the Northern District of California

8

set forth in the Advisory Committee Notes to Rule 4 of the Rules

11

Governing Section 2254 Cases.

12

If Respondent files such a motion, Petitioner shall file with

13

the Court and serve on Respondent an opposition or statement of

14

non-opposition to the motion within twenty-eight days of receipt

15

of the motion, and Respondent shall file with the Court and serve

16

on Petitioner a reply within fourteen days of receipt of an

17

opposition.

18

5.

It is Petitioner’s responsibility to prosecute this

19

case.

20

change of address and comply with the Court’s orders in a timely

21

fashion.

22

communications with the Court by mailing a true copy of the

23

document to Respondent’s counsel.

24

He must keep the Court and Respondent informed of any

6.

He also must serve on Respondent’s counsel all

Extensions of time are not favored, though reasonable

25

extensions will be granted.

26

must be filed no later than ten days prior to the deadline sought

27

to be extended.

28

//

Any motion for an extension of time

1

This Order terminates Docket no. 2.

2

IT IS SO ORDERED.

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: 12/3/2012

____________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE