Irwine v. Lizarraga

Filing 11

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 8/28/2017. Signed by Magistrate Judge Kandis A. Westmore on 6/28/17. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 6/28/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANK IRWINE,
Petitioner,

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JOE LIZARRAGA,
Respondent.

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE

v.

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Case No. 16-cv-07405-KAW (PR)

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Petitioner, a California prisoner, filed this petition for a writ of habeas corpus pursuant to

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28 U.S.C. § 2254 challenging his state criminal conviction. Petitioner has consented to the

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jurisdiction of the undersigned United States Magistrate Judge over this action. Petitioner has paid

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the $5.00 filing fee.

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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:
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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 also shall serve a copy of this Order on Petitioner at his current

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address.

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2.

No later than sixty days from the date of this Order, Respondent shall file with this

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Court and serve upon Petitioner 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 all portions of the state record that have been transcribed

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previously and are relevant to a determination of the issues presented by the petition. If Petitioner

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wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it

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on Respondent within thirty days of his receipt of the Answer. If he does not do so, the petition

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will be deemed submitted and ready for decision on the date the Traverse is due.

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3.

No later than sixty days from the date of this Order, Respondent may file with this

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Court and serve upon Petitioner a motion to dismiss on procedural grounds in lieu of an Answer,

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as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254

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Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on

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Respondent an opposition or statement of non-opposition to the motion within thirty days of

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receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply

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within fourteen days of receipt of an opposition.

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4.

It is Plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court

United States District Court
Northern District of California

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informed of any change of address by filing a separate paper with the Clerk headed “Notice of

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Change of Address,” and must comply with the Court's orders in a timely fashion. He also must

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serve on Respondent’s counsel all communications with the Court by mailing a true copy of the

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document to Respondent’s counsel.

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5.

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 three days prior to the deadline

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sought to be extended.

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6.

Respondent 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 www.cand.uscourts.gov/civilforms.

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IT IS SO ORDERED.
Dated: June ___, 2017
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__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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