Torres v. Diaz

Filing 5

ORDER TO SHOW CAUSE Habeas Answer due by 4/4/2013. Signed by Judge Yvonne Gonzalez Rogers on 1/30/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/30/2013)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 No. C 12-06224 YGR (PR) JUAN MATIAS TORRES, ORDER TO SHOW CAUSE Petitioner, vs. RALPH M. DIAZ, Acting Warden, 12 Respondent. / 13 14 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 15 U.S.C. ยง 2254. He has paid the $5.00 filing fee. It does not appear from the face of the petition that 16 it is without merit. Good cause appearing, the Court hereby issues the following orders: 17 1. The Clerk of the Court shall serve a copy of this Order and the petition and all 18 attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State 19 of California. The Clerk shall also serve a copy of this Order on Petitioner at his current address. 20 2. Respondent shall file with this Court and serve upon Petitioner, within one-hundred 21 and nineteen (119) days of the issuance of this Order, an Answer conforming in all respects to Rule 22 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should 23 not be issued. Respondent shall file with the Answer a copy of all portions of the relevant state 24 records that have been transcribed previously and that are relevant to a determination of the issues 25 presented by the petition. 26 3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with 27 the Court and serving it on Respondent within sixty-three (63) days of his receipt of the Answer. 28 Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixtythree (63) days after the date Petitioner is served with Respondent's Answer. 1 4. Respondent may file with this Court and serve upon Petitioner, within sixty-three 2 (63) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 3 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 4 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 5 Respondent an opposition or statement of non-opposition to the motion within sixty-three (63) days 6 of receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply 7 within fourteen (14) days of receipt of any opposition. 8 5. It is Petitioner's responsibility to prosecute this case. Petitioner must keep the Court and Respondent informed of any change of address and must comply with the Court's orders in a 10 United States District Court For the Northern District of California 9 timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose 11 address changes while an action is pending must promptly file a notice of change of address 12 specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint 13 when: (1) mail directed to the pro se party by the Court has been returned to the Court as not 14 deliverable, and (2) the Court fails to receive within sixty days of this return a written 15 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 16 Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases). 17 18 19 Petitioner must also serve on Respondent's counsel all communications with the Court by mailing a true copy of the document to Respondent's counsel. 6. Extensions of time are not favored, though reasonable extensions will be granted. 20 Any motion for an extension of time must be filed no later than fourteen (14) days prior to the 21 deadline sought to be extended. 22 7. Ralph M. Diaz, the current acting warden of the prison where Petitioner is 23 incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of 24 Civil Procedure. 25 26 IT IS SO ORDERED. DATED: January 30, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 27 28 G:\PRO-SE\YGR\HC.12\Torres6224.OSC.frm 2

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?