Blue v. Valenzuela
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JESSE BLUE,
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Petitioner,
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v.
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WARDEN ELVIN VALENZUELA,
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Respondent.
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No. C 15-3369 LHK (PR)
ORDER SUA SPONTE GRANTING
EXTENSION OF TIME TO FILE
ANSWER OR MOTION TO
DISMISS
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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus
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challenging his 2011 criminal conviction in Alameda County. On February 8, 2016, the court
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reviewed petitioner’s petition, and directed respondent to show cause why the petition should not
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be granted.
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Unfortunately, the court’s February 8, 2016 order was never served on respondent nor
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provided to the Office of the Attorney General. Therefore, the court sua sponte GRANTS an
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extension of time within which respondent shall file an answer or a motion to dismiss.
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Respondent’s answer or motion to dismiss shall be filed within sixty (60) days of the filing date
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of this order. If respondent files an answer, petitioner may respond by filing a traverse with the
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court and serving it on respondent within thirty days of the filing date of the answer.
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If respondent files a motion to dismiss on procedural grounds in lieu of an answer,
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petitioner shall file with the court and serve on respondent an opposition or statement of non-
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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
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with the court and serve on petitioner a reply within fourteen days of the filing date of any
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opposition.
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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
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Order Sua Sponte Granting Extension of Time to File Answer or Motion to Dismiss
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P:\PRO-SE\LHK\HC.15\Blue369eot-suasponte.wpd
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