Candler v. Miller
Filing
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ORDER DIRECTING RESPONDENT TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Signed by Judge Claudia Wilken on 2/11/2014. (ndr, COURT STAFF) (Filed on 2/11/2014)
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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.
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On December 6, 2013, the Court entered an to show cause why
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the petition in this case should not be granted.
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whether the order was served on Respondent and Respondent has not
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filed an answer to the petition.
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issues the following orders:
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1.
It is unclear
Accordingly, the court hereby
The Clerk of the Court shall serve a copy of this Order,
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the petition and all attachments thereto upon Respondent and
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Respondent’s attorney, the Attorney General of the State of
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California.
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2.
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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3.
Respondent shall file with the
If Petitioner wishes to respond to the answer, he shall
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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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
If Respondent files such a motion,
United States District Court
For the Northern District of California
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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.
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IT IS SO ORDERED.
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Dated:
2/11/2014
CLAUDIA WILKEN
United States District Judge
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