Blue v. Valenzuela

Filing 13

ORDER SUA SPONTE GRANTING EXTENSION OF TIME TO FILE ANSWER OR MOTION TO DISMISS. It is hereby ordered that Respondent's answer or motion to dismiss shall be filed by 6/17/2016. THE CLERK IS DIRECTED TO SEND A COPY OF THIS ORDER AND THE 2/8/2016 ORDER TO RESPONDENT AND RESPONDENT'S ATTORNEY, THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA. Signed by Judge Lucy H. Koh on 4/18/2016. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 4/18/2016)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
JESSE BLUE,
11
Petitioner,
12
v.
13
WARDEN ELVIN VALENZUELA,
14
Respondent.
15

)
)
)
)
)
)
)
)
)
)

No. C 15-3369 LHK (PR)
ORDER SUA SPONTE GRANTING
EXTENSION OF TIME TO FILE
ANSWER OR MOTION TO
DISMISS

16

Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus

17

challenging his 2011 criminal conviction in Alameda County. On February 8, 2016, the court

18

reviewed petitioner’s petition, and directed respondent to show cause why the petition should not

19

be granted.

20

Unfortunately, the court’s February 8, 2016 order was never served on respondent nor

21

provided to the Office of the Attorney General. Therefore, the court sua sponte GRANTS an

22

extension of time within which respondent shall file an answer or a motion to dismiss.

23

Respondent’s answer or motion to dismiss shall be filed within sixty (60) days of the filing date

24

of this order. If respondent files an answer, petitioner may respond by filing a traverse with the

25

court and serving it on respondent within thirty days of the filing date of the answer.

26

If respondent files a motion to dismiss on procedural grounds in lieu of an answer,

27

petitioner shall file with the court and serve on respondent an opposition or statement of non-

28

opposition within twenty-eight days of the filing date of the motion, and respondent shall file
Order Sua Sponte Granting Extension of Time to File Answer or Motion to Dismiss
P:\PRO-SE\LHK\HC.15\Blue369eot-suasponte.wpd

1

with the court and serve on petitioner a reply within fourteen days of the filing date of any

2

opposition.

3
4
5
6
7

The Clerk is directed to send a copy of this order and the February 8, 2016 order to
respondent and respondent’s attorney, the Attorney General of the State of California.
IT IS SO ORDERED.
DATED:

4/18/2016
LUCY H. KOH
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Sua Sponte Granting Extension of Time to File Answer or Motion to Dismiss
2
P:\PRO-SE\LHK\HC.15\Blue369eot-suasponte.wpd