Prescott v. Santoro
Filing
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ORDER TO SHOW CAUSE: Habeas Answer or Dispositive Motion due by 6/27/2016. Signed by Magistrate Judge Donna M. Ryu on 4/27/16. (ig, COURT STAFF) (Filed on 4/27/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EARNEST L. PRESCOTT,
Case No. 16-cv-01359-DMR
Plaintiff,
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v.
ORDER TO SHOW CAUSE
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KELLY SANTORO,
Re: Dkt. No. 1
Defendant.
United States District Court
Northern District of California
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Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254. This action has been assigned to the undersigned Magistrate Judge.
Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, a magistrate judge may
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conduct all proceedings in a case, including entry of judgment. Appeal will be directly to the
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United States Court of Appeals for the Ninth Circuit. See 28 U.S.C. § 636(c)(3). On April 27,
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20016, Petitioner consented to magistrate judge jurisdiction in this matter. Dkt. 4.
ORDER TO SHOW CAUSE
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It does not appear from the face of the petition that it is without merit. Good cause
appearing, the court hereby issues the following orders:
1.
The Clerk of the Court shall serve a Magistrate Judge jurisdiction consent form, a
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copy of this Order, as well as the petition and all attachments thereto upon Respondent and
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Respondent’s attorney, the Attorney General of the State of California.
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2.
Within twenty-eight (28) days of the issuance of this Order, Respondent shall
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complete and file the Magistrate Judge jurisdiction consent form to indicate whether she consents
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or declines to proceed before the assigned Magistrate Judge. Respondent is free to withhold
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consent without adverse consequences. If Respondent consents to a Magistrate Judge’s
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jurisdiction, this case will be handled by the undersigned Magistrate Judge. If Respondent
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declines, the case will be reassigned to a District Judge. Whether Respondent consents or declines
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to proceed before the assigned Magistrate Judge, the parties shall abide by the briefing schedule
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below.
3.
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Respondent shall file with this court and serve upon Petitioner, within sixty (60)
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days of the issuance of this Order, 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 corpus should not be issued.
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Respondent shall file with the Answer a copy of all portions of the relevant state records that have
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been transcribed previously and that are relevant to a determination of the issues presented by the
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petition.
4.
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If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse
United States District Court
Northern District of California
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with the court and serving it on Respondent within twenty-eight (28) days of his receipt of the
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Answer. Should Petitioner fail to do so, the petition will be deemed submitted and ready for
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decision twenty-eight (28) days after the date Petitioner is served with Respondent’s Answer.
5.
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Respondent may file with this court and serve upon Petitioner, within sixty (60)
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days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an
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Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section
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2254 Cases. If Respondent files a motion to dismiss, Petitioner shall file with the court and serve
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on Respondent an opposition or statement of non-opposition to the motion within twenty-eight
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(28) days of receipt of the motion, and Respondent shall file with the court and serve on Petitioner
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a reply within fourteen (14) days of receipt of any opposition.
6.
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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 orders
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in a timely fashion. Petitioner must also serve on Respondent’s counsel all communications with
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the court by mailing a true copy of the document to Respondent’s counsel.
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7.
Extensions of time are not favored, though reasonable extensions will be granted.
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Any motion for an extension of time must be filed no later than fourteen (14) days prior to the
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deadline sought to be extended.
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IT IS SO ORDERED.
Dated: April 27, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge
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United States District Court
Northern District of California
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