Ledee v. Spearman

Filing 4

ORDER TO SHOW CAUSE: Habeas Answer or Dispositive Motion due by 10/28/2016. Signed by Magistrate Judge Donna M. Ryu on 8/29/16. (ig, COURT STAFF) (Filed on 8/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAWRENCE LEDEE,

Case No. 16-cv-04616-DMR

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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M. ELLIOT SPEARMAN,
Defendant.

United States District Court
Northern District of California

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Petitioner Lawrence Ledee, a state prisoner, has filed this petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. This action has been assigned to the undersigned Magistrate

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Judge.

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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).

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On August 16, 2016, Petitioner consented to magistrate judge jurisdiction in this matter.
[Docket No. 3.]

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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

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appearing, the court hereby issues the following orders:
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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 he 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.

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3.

Respondent shall file with this court and serve upon Petitioner, within sixty (60)

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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United States District Court
Northern District of California

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petition.

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4.

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

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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.

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5.

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.

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6.

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.

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: August 29, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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