Seegars v. Chappell

Filing 4

ORDER TO SHOW CAUSE. Habeas Answer due by 2/4/2013. Signed by Judge Claudia Wilken on 12/4/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-03275 CW (PR)

JAMES SEEGARS,

ORDER TO SHOW CAUSE

Petitioner,
v.

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KEVIN CHAPPELL, Warden,

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Respondent.
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Petitioner, a state prisoner proceeding pro se, filed this

United States District Court
For the Northern District of California

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

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challenging his state criminal conviction.

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fee and it does not appear from the face of the petition that it

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is without merit.

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the following orders:

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1.

He has paid the filing

Good cause appearing, the Court hereby issues

The Clerk shall serve a copy of this Order and the

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petition and all attachments thereto upon Respondent and

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

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California.

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Petitioner at his current address.

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2.

The Clerk also shall serve a copy of this Order on

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

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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.

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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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3.

If he

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

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Respondent may file with this Court and serve upon Petitioner a

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

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

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Governing Section 2254 Cases.
If Respondent files such a motion, Petitioner shall file with

United States District Court
For the Northern District of California

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the Court and serve on Respondent an opposition or statement of

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

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

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on Petitioner a reply within fourteen days of receipt of an
opposition.
4.

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case.

It is Petitioner’s responsibility to prosecute this

He must keep the Court and Respondent informed of any

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

He also must serve on Respondent’s counsel all

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communications with the Court by mailing a true copy of the
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document to Respondent’s counsel.
5.

Extensions of time are not favored, though reasonable

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extensions will be granted.

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

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to be extended.

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Any motion for an extension of time

IT IS SO ORDERED.
Dated: 12/4/2012

____________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE