Sapp v. Singh

Filing 8

AMENDED ORDER GRANTING PETITIONER IN FORMA PAUPERIS STATUS; ADDRESSING HIS PENDING MOTION; AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED; Denying 4 MOTION for relief filed by Ramon Sapp.. Signed by Judge Yvonne Gonzalez Rogers on 10/30/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 10/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 13-03008 YGR (PR)

RAMON SAPP,
Petitioner,
v.
J. SOTO, Warden,

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Respondent.

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/

AMENDED ORDER GRANTING
PETITIONER IN FORMA PAUPERIS
STATUS; ADDRESSING HIS PENDING
MOTION; AND DIRECTING
RESPONDENT TO SHOW CAUSE WHY
THE PETITION SHOULD NOT BE
GRANTED

United States District Court
For the Northern District of California

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Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. He seeks leave to proceed in forma pauperis (Docket Nos. 2, 5).
Petitioner has also submitted filings entitled, "Plea for Relief By Actual Innocence" (Docket

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No. 4) and "Amendment to Plea for Relief by Factual/Actual Innocence, and Evidence in Truth of

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Fact," in which he seems to supplement his petition with a claim for actual innocence. Therefore,

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the Court construes these filings as a supplement to the petition. Because the "Plea for Relief By

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Actual Innocence" is not properly a motion, it is DENIED. Plaintiff has since amended that filing;

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therefore, the "Amendment to Plea for Relief by Factual/Actual Innocence, and Evidence in Truth of

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Fact" will be the operative supplement to the petition in this action, and the Clerk of the Court will

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re-label it as such, as directed below.

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It does not appear from the face of the petition and supplement to the petition that they are
without merit. Good cause appearing, the Court hereby issues the following orders:

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1.

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

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2.

Petitioner's "Plea for Relief By Actual Innocence" (Docket No. 4) has been construed

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a supplement to the petition. Because the filing is not properly a motion, it is DENIED. Petitioner

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has also filed an "Amendment to Plea for Relief by Factual/Actual Innocence, and Evidence in Truth

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of Fact," (Docket No. 6), which amends his supplement to the petition. The Clerk is directed to

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change the title of his "Amendment to Plea for Relief by Factual/Actual Innocence, and Evidence in

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Truth of Fact," to his "Supplement to the Petition" and to label it as such on the Court's electronic

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database.

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3.

The Clerk shall serve a copy of this Order, the petition, the supplement to the

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petition, and all attachments thereto (Docket Nos. 1, 6) upon Respondent and Respondent's attorney,

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the Attorney General of the State of California. The Clerk shall also serve a copy of this Order on

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Petitioner at his current address.

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4.

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

days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules

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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued.

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United States District Court
For the Northern District of California

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Respondent shall file with the Answer a copy of all portions of the relevant state records that have

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

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petition.

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5.

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

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

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

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

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6.

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

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

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

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

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

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

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(14) days of receipt of any opposition.

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7.

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

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

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

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

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specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint
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when: (1) mail directed to the pro se party by the Court has been returned to the Court as not

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

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

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

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

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

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deadline sought to be extended.

United States District Court
For the Northern District of California

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9.

J. Soto, 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.

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10.

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IT IS SO ORDERED.

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DATED:

This Order terminates Docket Nos. 2, 4 and 5.

October 30, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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