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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JUAN JOSE DEANDA,

Case No. 13-cv-02135-BLF

Petitioner,
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v.

ORDER RE RESPONSE TO PETITION
FOR WRIT OF HABEAS CORPUS

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AMY MILLER,
Respondent.

United States District Court
Northern District of California

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Petitioner, a state prisoner represented by counsel, filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 on May 9, 2013, challenging his state conviction. Pursuant to

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Rule 4 of the Rules Governing Section 2254 Cases, the Court hereby orders a response to the

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instant petition:

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1.

The Clerk shall serve by certified mail a copy of this order and the petition and all

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attachments thereto on Respondent and Respondent’s attorney, the Attorney General of the State

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of California. The Clerk also shall serve a copy of this order on Petitioner.

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2.

Respondent shall file with the court and serve on petitioner, within sixty (60) days

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of the issuance of this order, an answer conforming in all respects to Rule 5 of the Rules

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Governing Section 2254 Cases and the applicable Habeas Corpus Local Rules. Respondent shall

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file with the answer and serve on Petitioner a copy of all portions of the state trial record that have

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been transcribed previously and that are relevant to a determination of the issues presented by the

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petition.
If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with

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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

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answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section

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2254 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 within thirty (30) days of receipt of the

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motion, and Respondent shall file with the court and serve on Petitioner a reply within fifteen (15)

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days of receipt of any opposition.

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4.

Petitioner is reminded that all communications with the court must be served on

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Respondent by mailing a true copy of the document to Respondent’s counsel. Petitioner must also

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keep the Court and all parties informed of any change of address.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: May 20, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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