Jackson v. Foulk

Filing 13

ORDER TO SHOW CAUSE. Signed by Judge Saundra Brown Armstrong on 1/31/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 13-05407 SBA (PR)

CLIFFORD L. JACKSON, JR.,

ORDER TO SHOW CAUSE

Petitioner,
v.
F. FOULK, Warden,

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Respondent.

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

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to 28 U.S.C. § 2254. He has paid the $5.00 filing fee. It does not appear from the face of the

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

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orders:

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1.

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

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

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

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current address.

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2.

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

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

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

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

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

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issues presented by the petition.

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3.

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

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Traverse with the Court and serving it on Respondent within sixty (60) days of his receipt of

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the Answer. Should Petitioner fail to do so, the petition will be deemed submitted and ready

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for decision sixty (60) days after the date Petitioner is served with Respondent's Answer.

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4.

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

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an Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing

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Section 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court

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and serve on Respondent an opposition or statement of non-opposition to the motion within

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United States District Court
For the Northern District of California

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sixty (60) days of receipt of the motion, and Respondent shall file with the Court and serve

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on Petitioner a reply within fourteen (14) days of receipt of any opposition.

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5.

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

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

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orders in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding

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pro se whose address changes while an action is pending must promptly file a notice of

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change of address specifying the new address. See L.R. 3-11(a). The Court may dismiss

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without prejudice a complaint when: (1) mail directed to the pro se party by the Court has

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been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty

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days of this return a written communication from the pro se party indicating a current

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address. See L.R. 3-11(b); see also Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997)

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(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

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granted. Any motion for an extension of time must be filed no later than fourteen (14) days

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prior to the deadline sought to be extended.

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7.

David B. Long, the current warden of the prison where Petitioner is

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incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules

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of Civil Procedure.

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IT IS SO ORDERED.
DATED:

1/31/2014

SAUNDRA BROWN ARMSTRONG
United States District Judge

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United States District Court
For the Northern District of California

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G:\PRO-SE\SBA\HC.13\Jackson5407.OSC.frm

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