Turner v. State of California et al

Filing 2

ORDER TO SHOW CAUSE Habeas Answer due by 6/11/2013.. Signed by Judge Yvonne Gonzalez Rogers on 2/12/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/12/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 ORDER TO SHOW CAUSE Petitioner, vs. PAROLE OFFICER MELODY SMITH; BOARD OF PAROLE HEARINGS CHAIRMAN JAMES DAVIS, 9 Respondents. 10 United States District Court For the Northern District of California No. C 12-05258 YGR (PR) STEPHEN B. TURNER, / 11 Petitioner, who is on parole, has filed this petition for a writ of habeas corpus pursuant to 28 12 U.S.C. ยง 2254. He has paid the $5.00 filing fee. It does not appear from the face of the petition that 13 it is without merit. Good cause appearing, the Court hereby issues the following orders: 14 1. The Clerk of the Court shall serve a copy of this Order and the petition and all 15 attachments thereto upon Respondents1 and Respondents' attorney, the Attorney General of the State 16 of California. The Clerk shall also serve a copy of this Order on Petitioner at his current address. 17 2. Respondents shall file with this Court and serve upon Petitioner, within one-hundred 18 and nineteen (119) days of the issuance of this Order, an Answer conforming in all respects to Rule 19 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should 20 not be issued. Respondents shall file with the Answer a copy of all portions of the relevant state 21 records that have been transcribed previously and that are relevant to a determination of the issues 22 presented by the petition. 23 24 3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it on Respondents within sixty-three (63) days of his receipt of the Answer. 25 26 27 1 28 Petitioner has named various Respondents in this action. Where the petitioner is on probation or parole, he may name as Respondents his probation or parole officer "and the official in charge of the parole or probation agency, or the state correctional agency, as appropriate." Rule 2(b) advisory committee's note. Therefore, the Court will order only Melody Smith, Petitioner's parole officer, as well as James Davis, Chairman of the Board of Parole Hearings, to respond. 1 Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty- 2 three (63) days after the date Petitioner is served with Respondents' Answer. 3 4. Respondents may file with this Court and serve upon Petitioner, within sixty-three 4 (63) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 5 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 6 2254 Cases. If Respondents file such a motion, Petitioner shall file with the Court and serve on 7 Respondents an opposition or statement of non-opposition to the motion within sixty-three (63) 8 days of receipt of the motion, and Respondents shall file with the Court and serve on Petitioner a 9 reply within fourteen (14) days of receipt of any opposition. United States District Court For the Northern District of California 10 5. It is Petitioner's responsibility to prosecute this case. Petitioner must keep the Court 11 and Respondents informed of any change of address and must comply with the Court's orders in a 12 timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose 13 address changes while an action is pending must promptly file a notice of change of address 14 specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint 15 when: (1) mail directed to the pro se party by the Court has been returned to the Court as not 16 deliverable, and (2) the Court fails to receive within sixty days of this return a written 17 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 18 Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases). 19 20 21 Petitioner must also serve on Respondents' counsel all communications with the Court by mailing a true copy of the document to Respondents' counsel. 6. Extensions of time are not favored, though reasonable extensions will be granted. 22 Any motion for an extension of time must be filed no later than fourteen (14) days prior to the 23 deadline sought to be extended. 24 25 IT IS SO ORDERED. DATED: February 12, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 26 27 28 G:\PRO-SE\YGR\HC.12\Turner5258.OSC(paroleCOND).frm 2

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