Avant v. Hill

Filing 3

ORDER GRANTING IN FORMA PAUPERIS STATUS; ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Habeas Answer or Dispositive Motion due by 9/16/2013. Signed by Judge Yvonne Gonzalez Rogers on 7/18/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/18/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 vs. RICK HILL, Warden, Respondent. 9 United States District Court For the Northern District of California ORDER GRANTING IN FORMA PAUPERIS STATUS AND DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED Petitioner, 8 10 No. C 13-03220 YGR (PR) SHAWN AVANT, / Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 11 U.S.C. ยง 2254. Petitioner also seeks leave to proceed in forma pauperis. It does not appear from the 12 face of the petition that it is without merit. Good cause appearing, the Court hereby issues the 13 following orders: 14 1. Petitioner's application to proceed in forma pauperis is GRANTED. 15 2. The Clerk of the Court shall serve a copy of this Order and the petition and all 16 attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State 17 of California. The Clerk shall also serve a copy of this Order on Petitioner at his current address. 18 3. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) 19 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 20 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 21 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 22 been transcribed previously and that are relevant to a determination of the issues presented by the 23 petition. 24 4. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with 25 the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should 26 Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty (60) days 27 after the date Petitioner is served with Respondent's Answer. 28 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 1 forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If 2 Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an 3 opposition or statement of non-opposition to the motion within sixty (60) days of receipt of the 4 motion, and Respondent shall file with the Court and serve on Petitioner a reply within fourteen 5 (14) days of receipt of any opposition. 6 6. It is Petitioner's responsibility to prosecute this case. Petitioner must keep the Court 7 and Respondent informed of any change of address and must comply with the Court's orders in a 8 timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose 9 address changes while an action is pending must promptly file a notice of change of address United States District Court For the Northern District of California 10 specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint 11 when: (1) mail directed to the pro se party by the Court has been returned to the Court as not 12 deliverable, and (2) the Court fails to receive within sixty days of this return a written 13 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 14 Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases). 15 16 17 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. 18 Any motion for an extension of time must be filed no later than fourteen (14) days prior to the 19 deadline sought to be extended. 20 8. 21 IT IS SO ORDERED. 22 DATED: This Order terminates Docket no. 2. July 18, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 23 24 25 26 27 28 G:\PRO-SE\YGR\HC.13\Avant3220.OSC.wpd 2

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