Stevens v. Beard et al

Filing 12

ORDER DIRECTING CLERK TO REOPEN CASE; DISSOLVING STAY; REINSTATING ORDER TO SHOW CAUSE. Respondents shall file with the court and serve on Petitioner, within sixty (60) days of the date this order is filed, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the court and serving a copy on Respondents within thirty (30) days of his receipt of the answer. Signed by Judge Edward J. Davila on 12/3/2015. (ecg, COURT STAFF) (Filed on 12/3/2015)

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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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JOSEPH E. STEVENS,

Case No. 5:13-cv-03877-EJD

Petitioner,
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v.
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JERRY BEARD, Secretary of the California
Department of Corrections and
Rehabilitation,

ORDER DIRECTING CLERK TO
REPOEN CASE; DISSOLVING STAY;
REINSTATING ORDER TO SHOW
CAUSE

Respondents.
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United States District Court
Northern District of California

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Petitioner has notified the court that the habeas corpus petition filed in the California

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Supreme Court on August 3, 2015, has been finally resolved. See Docket Item No. 11.

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Accordingly, the stay issued on November 18, 2015, is DISSOLVED and the Clerk is directed to

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reopen this file. The Order to Show Cause is reinstated as follows:

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1.

Respondents shall file with the court and serve on Petitioner, within sixty (60) days

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of the date this order is filed, an answer conforming in all respects to Rule 5 of the Rules

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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted.

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Respondent shall file with the answer and serve on Petitioner a copy of all portions of the

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underlying state criminal court records that have been transcribed previously and that are relevant

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to a determination of the issues presented by the Petition.

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2.

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

the court and serving a copy on Respondents within thirty (30) days of his receipt of the answer.
IT IS SO ORDERED.
Dated: December 3, 2015
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EDWARD J. DAVILA
United States District Judge
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Case No.: 5:13-cv-03877-EJD
ORDER DIRECTING CLERK TO REPOEN CASE; DISSOLVING STAY; REINSTATING
ORDER TO SHOW CAUSE