Candler v. Miller

Filing 2

ORDER DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Signed by Judge Claudia Wilken on 12/6/2013. (ndr, COURT STAFF) (Filed on 12/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK A. CANDLER,

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Petitioner,

United States District Court
For the Northern District of California

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ORDER DIRECTING
RESPONDENT TO SHOW
CAUSE WHY THE
PETITION SHOULD
NOT BE GRANTED

v.
AMY MILLER, Warden,

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No. C 13-05325 CW

Respondent.
________________________________/
Petitioner, a state prisoner, has filed this petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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the $5.00 filing fee.

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petition that it is without merit.

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following orders:

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1.

He has paid

It does not appear from the face of the
The Court hereby issues the

Respondent shall file with this Court and serve upon

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Petitioner, within thirty (30) days of the issuance of this Order,

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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

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corpus should not be issued.

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answer a copy of all portions of the relevant state records that

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have been transcribed previously and that are relevant to a

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determination of the issues presented by the petition.

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2.

Respondent shall file with the

If Petitioner wishes to respond to the answer, he shall

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do so by filing a traverse with the Court and serving it on

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Respondent within thirty (30) days of his receipt of the answer.

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3.

Respondent may file with this Court and serve upon

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Petitioner, within thirty (30) days of the issuance of this Order,

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a motion to dismiss on procedural grounds in lieu of an answer, as

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set forth in the Advisory Committee Notes to Rule 4 of the Rules

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Governing Section 2254 Cases.

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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

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thirty (30) days of receipt of the motion, and Respondent shall

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file with the Court and serve on Petitioner a reply within fifteen

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(15) days of receipt of any opposition.

If Respondent files such a motion,

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated:

12/6/2013

CLAUDIA WILKEN
United States District Judge

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