Gilchrist v. Chappell
Filing
5
ORDER TO SHOW CAUSE Habeas Answer due by 7/16/2013.. Signed by Judge GONZALEZ ROGERS on 3/19/13. (lrc, COURT STAFF) (Filed on 3/19/2013)
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 13-00486 YGR (PR)
REABERT C. GILCHRIST,
ORDER TO SHOW CAUSE
Petitioner,
vs.
KEVIN CHAPPEL, 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
23
IT IS SO ORDERED.
DATED: 3/19/13
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
24
25
26
27
28
G:\PRO-SE\YGR\HC.13\Gilchrist0486.OSC.wpd
2
1
UNITED STATES DISTRICT COURT
2
FOR THE
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
6
REABERT C GILCHRIST,
7
8
9
United States District Court
For the Northern District of California
10
Case Number: CV13-00486 YGR
Plaintiff,
CERTIFICATE OF SERVICE
v.
KEVIN CHAPPEL et al,
Defendant.
/
11
12
13
14
15
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on March 19, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
16
17
18
19
Reabert C. Gilchrist F-28289
San Quentin State Prison
San Quentin, CA 94964
Dated: March 19, 2013
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk
20
21
22
23
24
25
26
27
28
G:\PRO-SE\YGR\HC.13\Gilchrist0486.OSC.wpd
3
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?