Deanda v. Miller

Filing 2

ORDER re Response to 1 Petition for Writ of Habeas Corpus filed by Juan Jose Deanda. Signed by Hon. Beth Labson Freeman on 5/20/2014. (blflc2, COURT STAFF) (Filed on 5/20/2014)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 JUAN JOSE DEANDA, Case No. 13-cv-02135-BLF Petitioner, 8 v. ORDER RE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS 9 10 AMY MILLER, Respondent. United States District Court Northern District of California 11 12 13 Petitioner, a state prisoner represented by counsel, filed a petition for a writ of habeas 14 corpus pursuant to 28 U.S.C. § 2254 on May 9, 2013, challenging his state conviction. Pursuant to 15 Rule 4 of the Rules Governing Section 2254 Cases, the Court hereby orders a response to the 16 instant petition: 17 1. The Clerk shall serve by certified mail a copy of this order and the petition and all 18 attachments thereto on Respondent and Respondent’s attorney, the Attorney General of the State 19 of California. The Clerk also shall serve a copy of this order on Petitioner. 20 2. Respondent shall file with the court and serve on petitioner, within sixty (60) days 21 of the issuance of this order, an answer conforming in all respects to Rule 5 of the Rules 22 Governing Section 2254 Cases and the applicable Habeas Corpus Local Rules. Respondent shall 23 file with the answer and serve on Petitioner a copy of all portions of the state trial record that have 24 been transcribed previously and that are relevant to a determination of the issues presented by the 25 petition. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with 26 27 28 the Court and serving it on Respondent within thirty (30) days of his receipt of the answer. 3. Respondent may file a motion to dismiss on procedural grounds in lieu of an 1 answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 3 Respondent an opposition or statement of non-opposition within thirty (30) days of receipt of the 4 motion, and Respondent shall file with the court and serve on Petitioner a reply within fifteen (15) 5 days of receipt of any opposition. 6 4. Petitioner is reminded that all communications with the court must be served on 7 Respondent by mailing a true copy of the document to Respondent’s counsel. Petitioner must also 8 keep the Court and all parties informed of any change of address. 9 10 United States District Court Northern District of California 11 12 13 IT IS SO ORDERED. Dated: May 20, 2014 ______________________________________ BETH LABSON FREEMAN United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?