Mata v. Gipson

Filing 12

ORDER by Judge Claudia Wilken TO SHOW CAUSE, GRANTING 11 LEAVE TO PROCEED IN FORMA PAUPERIS AND DENYING WITHOUT PREJUDICE ( 3 , 4 , 10 ) MOTIONS FOR EQUITABLE TOLLING AND APPOINTMENT OF COUNSEL. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 3/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Petitioner,

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No. C 12-5852 CW (PR)

RAUL MATA,

v.

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CONNIE GIPSON, Warden,

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Respondent.
________________________________/

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ORDER TO SHOW CAUSE,
GRANTING LEAVE TO
PROCEED IN FORMA
PAUPERIS AND DENYING
WITHOUT PREJUDICE
MOTIONS FOR EQUITABLE
TOLLING AND APPOINTMENT
OF COUNSEL
(Docket nos. 3, 4, 10,
11)

United States District Court
For the Northern District of California

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Petitioner, a state prisoner, has filed this pro se petition
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for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,
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challenging his conviction.

He seeks leave to proceed in forma

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pauperis.

It does not appear from the face of the petition that

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it is without merit.

Good cause appearing, the Court hereby

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issues the following orders:
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1.

Leave to proceed in forma pauperis is GRANTED.

2.

Petitioner’s motion for equitable tolling of the

one-year statute of limitations for filing a federal habeas corpus
petition is DENIED as premature.

If Respondent moves to dismiss

the petition as untimely, Petitioner can assert his arguments in
opposition to such motion.
3.

Petitioner’s motion for the appointment of counsel is

DENIED as premature.

At this early stage of the proceedings, the

Court is not in a position to determine whether the interests of
justice require the appointment of counsel, see 18 U.S.C.
§ 3006A(a)(2)(B), or if counsel will be required for an

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evidentiary hearing, see Rule 8 of the Rules Governing Section

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2254 Cases.

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stage of the litigation, the Court will reconsider this decision

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on its own initiative.

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4.

Should the circumstances change materially at a later

The Clerk of the Court shall serve a copy of this Order

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and the 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.

United States District Court
For the Northern District of California

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5.

The Clerk shall also 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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6.

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.

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If Respondent files such a motion, Petitioner shall file with

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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

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opposition.

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7.

It is Petitioner’s responsibility to prosecute this

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case.

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

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fashion.

He must keep the Court and Respondent informed of any

He also must serve on Respondent’s counsel all

United States District Court
For the Northern District of California

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communications with the Court by mailing a true copy of the

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document to Respondent’s counsel.

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8.

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.

Any motion for an extension of time

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This Order terminates Dockets nos. 3, 4, 10 and 11.

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IT IS SO ORDERED.

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Dated: 3/8/2013

____________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE