Jones v. Johnson

Filing 6

Order Setting Briefing Schedule: Respondent must file a "Notice of Appearance" no later than November 3, 2015. Respondent shall file a motion to dismiss no later than December 21, 2015. If Respondent files a motion to dismiss, Petitioner shall file his opposition, if any, to the motion no later than January 20, 2016. Respondent shall file and serve an answer to the Petition, as well as points and authorities in support of such answer, no later than December 21, 2015. Petitioner may file a traverse to matters raised in the answer no later than January 21, 2016. Signed by Magistrate Judge Ruben B. Brooks on 10/15/15.(All non-registered users served via U.S. Mail Service)(Order sent to Attorney General and Petitioner. dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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AHMANA DIA JONES,

Case No.: 15-2023 GPC (RBB)
Petitioner,

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ORDER SETTING BRIEFING
SCHEDULE

v.
D.K. JOHNSON,
Respondent.

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On September 10, 2015, Petitioner, proceeding pro se, submitted a Petition for Writ

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of Habeas Corpus pursuant to 28 U.S.C. § 2254. In its September 15, 2015, Order, the

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Court dismissed this case without prejudice because Petitioner failed to satisfy the filing

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fee requirement. Petitioner was instructed that to have this case reopened he had to either

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pay the $5.00 filing fee or submit adequate proof of his inability to pay the fee no later than

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November 16, 2015. (See ECF No. 3.)
On October 8, 2015, Petitioner paid the $5.00 filing fee. (See ECF No. 4.) Based

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on this Court’s review of the Petition IT IS ORDERED that:
1.

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The Clerk of this Court shall promptly (a) serve a copy of the Petition and a

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copy of this Order on the Attorney General for the State of California, or her authorized

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agent; and (b) serve a copy of this Order on Petitioner.

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2. Respondent must file a “Notice of Appearance” no later than November 3, 2015.

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3. If Respondent contends the Petition can be decided without the Court’s reaching

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the merits of Petitioner’s claims (e.g., because Respondent contends Petitioner has failed

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to exhaust any state remedies as to any ground for relief alleged in the Petition, or that the

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Petition is barred by the statute of limitations, or that the Petition is subject to dismissal

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under Rule 9 of the Rules Governing § 2254 Cases, or that all of the claims are procedurally

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defaulted, or that Petitioner is not in custody), Respondent shall file a motion to dismiss

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pursuant to Rule 4 of the Rules Governing § 2254 Cases no later than December 21,

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2015. The motion to dismiss shall not address the merits of Petitioner’s claims, but rather

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shall address all grounds upon which Respondent contends dismissal without reaching the

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merits of Petitioner’s claims is warranted. At the time the motion to dismiss is filed,

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Respondent shall lodge with the Court all records bearing on Respondent’s contention in

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this regard. A hearing date is not required for the motion to dismiss.

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4.

If Respondent files a motion to dismiss, Petitioner shall file his opposition, if

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any, to the motion no later than January 20, 2016. At the time the opposition is filed,

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Petitioner shall lodge with the Court any records not lodged by Respondent which

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Petitioner believes may be relevant to the Court’s determination of the motion.

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5.

Unless the Court orders otherwise, Respondent shall not file a reply to

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Petitioner’s opposition to a motion to dismiss. If the motion is denied, the Court will afford

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Respondent adequate time to respond to Petitioner’s claims on the merits.

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6.

If Respondent does not contend that the Petition can be decided without the

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Court reaching the merits of Petitioner’s claims, Respondent shall file and serve an answer

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to the Petition, as well as points and authorities in support of such answer, no later than

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December 21, 2015. At the time the answer is filed, Respondent shall lodge with the Court

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all records bearing on the merits of Petitioner’s claims.

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accompanied by a notice of lodgment which shall be captioned “Notice of Lodgment in 28

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U.S.C. § 2254 Habeas Corpus Case — To Be Sent to Clerk’s Office.” Respondent shall

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not combine separate pleadings, orders or other items into a combined lodgment entry.

The lodgments shall be

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Each item shall be numbered separately and sequentially.
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Petitioner may file a traverse to matters raised in the answer no later than

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January 21, 2016. Any traverse by Petitioner (a) shall state whether Petitioner admits or

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denies each allegation of fact contained in the answer; (b) shall be limited to facts or

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arguments responsive to matters raised in the answer; and (c) shall not raise new grounds

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for relief that were not asserted in the Petition. Grounds for relief withheld until the

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traverse will not be considered. No traverse shall exceed ten (10) pages in length absent

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advance leave of Court for good cause shown.

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8.

A request by a party for an extension of time within which to file any of the

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pleadings required by this Order should be made in advance of the due date of the pleading,

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and the Court will grant such a request only upon a showing of good cause. Any such

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request shall be accompanied by a declaration under penalty of perjury explaining why an

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extension of time is necessary.

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9.

Unless otherwise ordered by the Court, this case shall be deemed submitted

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on the day following the date Petitioner’s opposition to a motion to dismiss and/or his

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traverse is due.

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10.

Every document delivered to the Court must include a certificate of service

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attesting that a copy of such document was served on opposing counsel (or on the opposing

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party, if such party is not represented by counsel). Any document delivered to the Court

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without a certificate of service will be returned to the submitting party and disregarded by

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the Court.

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11.

Petitioner shall immediately notify the Court and counsel for Respondent of

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any change of Petitioner’s address. If Petitioner fails to keep the Court informed of where

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Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute.

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IT IS SO ORDERED.
Dated: October 15, 2015

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