Glaze v. Ducart

Filing 10

ORDER TO SHOW CAUSE Habeas Answer or Dispositive Motion due by 7/7/2017. Signed by Magistrate Judge Kandis A. Westmore on 5/8/17. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 5/8/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JASON WESLEY GLAZE, Petitioner, 8 HATTON, Warden, Respondent. United States District Court Northern District of California 11 12 ORDER TO SHOW CAUSE v. 9 10 Case No. 16-cv-05144-KAW (PR) Petitioner, a California prisoner, filed this petition for a writ of habeas corpus pursuant to 13 28 U.S.C. § 2254 challenging his state criminal conviction. Petitioner has consented to the 14 jurisdiction of the undersigned United States Magistrate Judge over this action. Petitioner has paid 15 the $5.00 filing fee. 16 17 18 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 copy of this Order and the petition and all 19 attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the 20 State of California. The Clerk also shall serve a copy of this Order on Petitioner at his current 21 address. 22 2. No later than sixty days from the date of this Order, Respondent shall file with this 23 Court and serve upon Petitioner an Answer conforming in all respects to Rule 5 of the Rules 24 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 25 Respondent shall file with the Answer all portions of the state record that have been transcribed 26 previously and are relevant to a determination of the issues presented by the petition. If Petitioner 27 wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it 28 on Respondent within thirty days of his receipt of the Answer. If he does not do so, the petition 1 2 will be deemed submitted and ready for decision on the date the Traverse is due. 3. No later than sixty days from the date of this Order, Respondent may file with this 3 Court and serve upon Petitioner a motion to dismiss on procedural grounds in lieu of an Answer, 4 as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 5 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 6 Respondent an opposition or statement of non-opposition to the motion within thirty days of 7 receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply 8 within fourteen days of receipt of an opposition. 9 4. It is Plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court informed of any change of address by filing a separate paper with the Clerk headed “Notice of 11 United States District Court Northern District of California 10 Change of Address,” and must comply with the Court's orders in a timely fashion. He also must 12 serve on Respondent’s counsel all communications with the Court by mailing a true copy of the 13 document to Respondent’s counsel. 14 5. Extensions of time are not favored, though reasonable extensions will be granted. 15 Any motion for an extension of time must be filed no later than three days prior to the deadline 16 sought to be extended. 17 18 19 6. Defendant shall file his Consent or Declination to Magistrate Judge Jurisdiction on or before the date his answer is due. This form can be found at 20 21 22 IT IS SO ORDERED. Dated: May 8, 2017 23 24 KANDIS A. WESTMORE United States Magistrate Judge 25 26 27 28 2

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