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)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 No. C 12-03275 CW (PR) JAMES SEEGARS, ORDER TO SHOW CAUSE Petitioner, v. 6 KEVIN CHAPPELL, Warden, 7 Respondent. ________________________________/ 8 9 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 fee and it does not appear from the face of the petition that it 13 is without merit. 14 the following orders: 15 1. He has paid the filing Good cause appearing, the Court hereby issues The Clerk shall serve a copy of this Order and the 16 petition and all attachments thereto upon Respondent and 17 Respondent’s attorney, the Attorney General of the State of 18 California. 19 Petitioner at his current address. 20 2. The Clerk also shall serve a copy of this Order on No later than sixty days from the date of this Order, 21 Respondent shall file with this Court and serve upon Petitioner an 22 Answer conforming in all respects to Rule 5 of the Rules Governing 23 Section 2254 Cases, showing cause why a writ of habeas corpus 24 should not be issued. 25 portions of the state record that have been transcribed previously 26 and are relevant to a determination of the issues presented by the 27 petition. 28 Respondent shall file with the Answer all If Petitioner wishes to respond to the Answer, he shall do so 1 by filing a Traverse with the Court and serving it on Respondent 2 no later than thirty days from his receipt of the Answer. 3 does not do so, the petition will be deemed submitted and ready 4 for decision on the date the Traverse is due. 5 3. If he No later than sixty days from the date of this Order, 6 Respondent may file with this Court and serve upon Petitioner a 7 motion to dismiss on procedural grounds in lieu of an Answer, as 8 set forth in the Advisory Committee Notes to Rule 4 of the Rules 9 Governing Section 2254 Cases. If Respondent files such a motion, Petitioner shall file with United States District Court For the Northern District of California 10 11 the Court and serve on Respondent an opposition or statement of 12 non-opposition to the motion within twenty-eight days of receipt 13 of the motion, and Respondent shall file with the Court and serve 14 15 on Petitioner a reply within fourteen days of receipt of an opposition. 4. 16 case. It is Petitioner’s responsibility to prosecute this He must keep the Court and Respondent informed of any 17 change of address and comply with the Court’s orders in a timely 18 fashion. He also must serve on Respondent’s counsel all 19 communications with the Court by mailing a true copy of the 20 21 document to Respondent’s counsel. 5. Extensions of time are not favored, though reasonable 22 extensions will be granted. 23 must be filed no later than ten days prior to the deadline sought 24 to be extended. 25 26 27 28 Any motion for an extension of time IT IS SO ORDERED. Dated: 12/4/2012 ____________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?