Beasley v. Pfeiffer et al

Filing 6

ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 3/8/2021. Consent/Declination due by 3/8/2021. Signed by Judge Kandis A. Westmore on 1/7/21. (dtmS, COURT STAFF) (Filed on 1/7/2021)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JASON BEASLEY, Plaintiff, 8 CHRISTIAN PFEIFFER, et al., Defendants. 11 United States District Court Northern District of California ORDER TO SHOW CAUSE v. 9 10 Case No. 4:20-cv-07149-KAW 12 Petitioner, a California prisoner, filed this petition for a writ of habeas corpus pursuant to 13 14 28 U.S.C. § 2254 challenging his state criminal conviction. It does not appear from the face of the 15 petition that it is without merit. Good cause appearing, the Court hereby issues the following 16 orders: 17 1. The clerk must electronically serve a copy of this order upon the respondent and the 18 respondent’s attorney, the Attorney General of the State of California, at the following e-mail 19 address: The clerk must also include a copy of the “consent or 20 declination to magistrate judge jurisdiction form.” The petition and any exhibits thereto are 21 available via the Electronic Case Filing system for the Northern District of California. 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. 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 three days prior to the deadline 11 United States District Court Northern District of California 10 sought to be extended. 12 5. Petitioner and Respondent shall file their Consent or Declination to Magistrate 13 Judge Jurisdiction on or before the date the answer is due. This form can be found at 14 15 IT IS SO ORDERED. 16 Dated: January 7, 2021 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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