Hughes v. Livingston
Filing
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ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 11/13/2017. Signed by Magistrate Judge Kandis A. Westmore on 9/11/17. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 9/11/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANDRE D. HUGHES,
Petitioner,
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ORDER TO SHOW CAUSE
v.
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DAVID O. LIVINGSTON,
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United States District Court
Northern District of California
Case No. 17-cv-02569-KAW (PR)
Respondent.
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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 asserting the violation of his right to a speedy trial and ineffective assistance of
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counsel. Petitioner has consented to the jurisdiction of the undersigned United States Magistrate
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Judge over this action. Petitioner has paid 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. Petitioner 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: September 11, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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