Rodriguez v. Lizarraga

Filing 13

ORDER TO FILE A RESPONSE. Signed by Judge Phyllis J. Hamilton on 7/10/15. (CERTIFICATE OF SERVICE ATTACHED) (napS, COURT STAFF) (Filed on 7/10/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

DAVID RODRIGUEZ,

Case No. 14-cv-03620-PJH

Petitioner,
8
v.

ORDER TO FILE A RESPONSE

9
10

J. LIZARRAGA,
Respondent.

United States District Court
Northern District of California

11
12
13

Petitioner, proceeds with a pro se petition for a writ of habeas corpus. In the

14

original petition, the sole ground for relief asserted that the trial court issued an erroneous

15

jury instruction regarding voluntary intoxication that failed to describe the relationship

16

between petitioner’s methamphetamine use and the specific intent required for first

17

degree murder by means of torture.

18

The case was later stayed so petitioner could exhaust additional claims. Petitioner

19

has now filed a motion to lift the stay and an amended petition. However the only claim

20

in the amended petition is the claim regarding the jury instruction from the original

21

petition.

22

Within 7 days, petitioner must indicate if he only wishes to proceed with this one

23

claim. If petitioner wishes to proceed with additional claims, he must demonstrate they

24

have been exhausted by attaching the petition to the California Supreme Court. Failure

25

to file a response will result in this case continuing on the one claims discussed above.

26
27
28

1
2

IT IS SO ORDERED.
Dated: July 10, 2015
________________________
PHYLLIS J. HAMILTON
United States District Judge

3
4
5
6

\\CANDOAK\Data\Users\PJHALL\_psp\2014\2014_03620_Rodriguez_v_Lizarraga_(PSP)\14-cv-03620-PJH-_ord.docx

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

DAVID RODRIGUEZ,

Case No. 14-cv-03620-PJH

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

J. LIZARRAGA,
Defendant.

United States District Court
Northern District of California

11
12
13
14
15
16
17

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 10, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

18
19
20

David Rodriguez ID: AL2755
Mule Creek State Prison
P.O. Box 409040
Ione, CA 95640

21
22

Dated: July 10, 2015

23
24
25

Richard W. Wieking
Clerk, United States District Court

26
27
28

By:________________________
Nichole Peric, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON
3