Red v. Chappell

Filing 7

ORDER GRANTING IN FORMA PAUPERIS STATUS AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Habeas Answer due by 7/15/2013. Signed by Judge Yvonne Gonzalez Rogers on 5/15/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/15/2013)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12
13
14

No. C 13-00641 YGR (PR)

GEORGE RED, JR.,

ORDER GRANTING IN FORMA
PAUPERIS STATUS AND DIRECTING
RESPONDENT TO SHOW CAUSE WHY
THE PETITION SHOULD NOT BE
GRANTED

Petitioner,
v.
KEVIN CHAPPELL, Warden,

15

Respondent.

/

16
17

Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28

18

U.S.C. § 2254. Petitioner also seeks leave to proceed in forma pauperis. It does not appear from the

19

face of the petition that it is without merit. Good cause appearing, the Court hereby issues the

20

following orders:

21

1.

Petitioner's application to proceed in forma pauperis is GRANTED.

22

2.

The Clerk of the Court shall serve a copy of this Order and the petition and all

23

attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State

24

of California. The Clerk shall also serve a copy of this Order on Petitioner at his current address.

25

3.

Respondent shall file with this Court and serve upon Petitioner, within one-hundred

26

and twenty (120) days of the issuance of this Order, an Answer conforming in all respects to Rule 5

27

of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not

28

be issued. Respondent shall file with the Answer a copy of all portions of the relevant state records

1

that have been transcribed previously and that are relevant to a determination of the issues presented

2

by the petition.

3

4.

If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with

4

the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should

5

Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty (60) days

6

after the date Petitioner is served with Respondent's Answer.

7

5.

Respondent may file with this Court and serve upon Petitioner, within sixty (60) days

of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an Answer, as set

9

forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If

10
United States District Court
For the Northern District of California

8

Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an

11

opposition or statement of non-opposition to the motion within sixty (60) days of receipt of the

12

motion, and Respondent shall file with the Court and serve on Petitioner a reply within fourteen

13

(14) days of receipt of any opposition.

14

6.

It is Petitioner's responsibility to prosecute this case. Petitioner must keep the Court

15

and Respondent informed of any change of address and must comply with the Court's orders in a

16

timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose

17

address changes while an action is pending must promptly file a notice of change of address

18

specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint

19

when: (1) mail directed to the pro se party by the Court has been returned to the Court as not

20

deliverable, and (2) the Court fails to receive within sixty days of this return a written

21

communication from the pro se party indicating a current address. See L.R. 3-11(b); see also

22

Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases).

23
24
25

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.
7.

Extensions of time are not favored, though reasonable extensions will be granted.

26

Any motion for an extension of time must be filed no later than fourteen (14) days prior to the

27

deadline sought to be extended.

28
2

1
2

8.

Kevin Chappell, the current warden of the prison where Petitioner is incarcerated, has

been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

3

9.

4

IT IS SO ORDERED.

5

This Order terminates Docket No. 6.

DATED: May 15, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

G:\PRO-SE\YGR\HC.13\Red.0641.OSC.wpd

3