Inocencio v. Hedgpeth et al

Filing 6

ORDER TO SHOW CAUSE. Signed by Judge Jeremy Fogel on 7/7/2010. (jflc2, COURT STAFF) (Filed on 7/8/2010)

Inocencio v. Hedgpeth et al

Doc. 6

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 Pleasant Valley State Prison, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is represented by counsel. Venue is proper because Petitioner was convicted and sentenced in the Alameda County Superior Court. See 28 U.S.C. § 2241(d) (providing that venue is proper in either the district in which the petitioner was convicted and sentenced or the district in which the petitioner is incarcerated). IT IS ORDERED as follows: (1) The Clerk of the Court shall serve a copy of the petition and a copy of this order v. WARDEN ANTHONY HEDGPETH, Respondent. HENRY PAUL INOCENCIO, Petitioner, Case Number C 10-2334 JF ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION **E-Filed 7/8/2010**

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, Robert Allen Ratliff.
C a s e No. C 10-2334 JF O R D E R TO SHOW CAUSE (JFLC2)

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(2)

Respondent shall, within sixty (60) 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 Section 2254 Cases, showing cause why a writ of habeas corpus should not issue. 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.

DATED: 7/7/2010

__________________________________ JEREMY FOGEL United States District Judge

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C ase No. C 10-2334 JF O R D E R TO SHOW CAUSE (JFLC2)