Nothnagel v. County of Humboldt et al

Filing 3

ORDER TO SHOW CAUSE. Signed by Judge Claudia Wilken on 4/3/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/3/2013)

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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 12-5976 CW (PR)

PREN NOTHNAGEL,

ORDER TO SHOW CAUSE

v.
CLIFF ALLENBY, Acting Director,
California Department of Mental
Health,
Respondent.
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United States District Court
For the Northern District of California

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Petitioner, a civil detainee, 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 civil commitment proceeding.

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$5.00 filing fee.

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He has paid the

It does not appear from the face of the

petition that it is without merit.1

Good cause appearing, the

Court hereby issues the following orders:
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The Clerk of the Court shall serve a copy of this Order

and the petition and all attachments thereto upon Respondent and
Respondent's attorney, the Attorney General of the State of
California.2

The Clerk shall also serve a copy of this Order on

Petitioner at his current address.

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The Court refers Respondent to Petitioner’s prior
action which the Court dismissed on abstention grounds.
Nothnagel v. Allenby, C 11-3753 CW (PR). In the present
Petitioner maintains that, in accordance with the ruling
order, abstention is no longer warranted.
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habeas
See
petition,
in that

Cliff Allenby, Acting Director of the California Department
of Mental Health which operates Coalinga State Hospital, where
Petitioner is incarcerated, has been substituted as Respondent
pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

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2.

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

United States District Court
For the Northern District of California

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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.

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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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4.

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

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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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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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United States District Court
For the Northern District of California

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Any motion for an extension of time

IT IS SO ORDERED.
Dated: 4/3/2013

____________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE