Rhodes v. Kirkland et al

Filing 4

ORDER TO SHOW CAUSE. Signed by Judge Jeremy Fogel on 9/8/06. (jfsec, COURT STAFF) (Filed on 9/8/2006)

Case 5:06-cv-05252-JF

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**E-filed 9/8/06** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner currently incarcerated at the Pelican Bay State Prison, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is represented by counsel. IT IS ORDERED as follows: (1) The Clerk of the Court shall serve by certified mail a copy of the petition and a v. ROBERT KIRKLAND, Respondent. CHAD RHODES, Petitioner, Case Number C-06-5252-JF ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

copy of this Order upon counsel for Respondent, the Attorney General of the State of California. The Clerk of the Court also shall serve a copy of this Order upon counsel for Petitioner, Juliana Drous. (2) Respondent shall, within thirty (30) days after receiving this order, file and serve

upon Petitioner's counsel an answer conforming in all respects to Rule 5 of the Rules Governing
Case No. C-06-5252-JF O R D E R TO SHOW CAUSE (JFLC2)

Case 5:06-cv-05252-JF

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Section 2254 Cases, showing cause why a writ of habeas corpus should not issue. At the time the answer is filed, Respondent shall lodge with the Court all records relevant to a determination of the issues presented by the petition. If Respondent contends that Petitioner has failed to exhaust state remedies as to any ground for relief asserted in the petition, Respondent shall specify what state remedy remains available to Petitioner. If Respondent waives or concedes the issue of exhaustion, Respondent shall so state in the answer. (3) Petitioner may file a traverse responding to matters raised in the answer within

thirty (30) days after receiving the answer. (4) Unless otherwise ordered by the Court, the matter will be deemed submitted upon

the filing of the traverse or upon the expiration of time to file a traverse.

9/8/06 DATED: ___________________________

__________________________________ JEREMY FOGEL Unit ed States District Judge

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Case No. C-06-5252-JF O R D E R TO SHOW CAUSE (JFLC2)

Case 5:06-cv-05252-JF

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Copies of Order mailed on ___________________ to:

Counsel for Petitioner: Juliana Drous 214 Duboce Ave. San Francisco, CA 94103

Counsel for Respondent: Office of the Attorney General of the State of California 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102-3664

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Case No. C-06-5252-JF O R D E R TO SHOW CAUSE (JFLC2)