(HC) Moses v. People of the State of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAMMY MOSES, Case No. 1:21-cv-01260-SAB-HC 12 Petitioner, ORDER TO RESPOND 13 v. ORDER SETTING BRIEFING SCHEDULE 14 PEOPLE OF THE STATE OF CALIFORNIA, ORDER TO ELECTRONICALLY FILE 15 TRANSCRIPTS AND OTHER NECESSARY Respondent. DOCUMENTS 16 ORDER DIRECTING CLERK OF COURT 17 TO SERVE DOCUMENTS ON ATTORNEY GENERAL 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. 21 The Court has conducted a preliminary review of the Petition. It is not clear from the face 22 of the Petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to 23 Rule 4 of the Rules Governing Section 2254 Cases, the Court HEREBY ORDERS: 24 1. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 25 FILE a RESPONSE to the Petition. See Rule 4, Rules Governing Section 2254 26 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th Cir. 1985) (court has 27 discretion to fix time for filing a response). A Response can be made by filing one of the following: 1 A. AN ANSWER addressing the merits of the Petition. Any argument 2 by Respondent that Petitioner has procedurally defaulted a claim SHALL 3 BE MADE in the ANSWER, but must also address the merits of the claim 4 asserted. 5 B. A MOTION TO DISMISS the Petition. 6 2. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 7 FILE any and all transcripts or other documents necessary for the resolution of the 8 issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 9 Cases. The transcripts or other documents shall only be filed electronically 10 and, to the extent practicable, provided in Optical Character Recognition 11 (“OCR”) format. Respondent shall not file a hard copy of the transcripts or 12 other documents unless so ordered by this Court. 13 3. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse 14 within THIRTY (30) days of the date Respondent’s Answer is filed with the 15 Court. If no Traverse is filed, the Petition and Answer are deemed submitted at 16 the expiration of the thirty days. 17 4. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 18 or Statement of Non-Opposition within TWENTY-ONE (21) days of the date 19 Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the 20 Motion to Dismiss SHALL be filed within SEVEN (7) days after the opposition 21 is served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT 22 (28) days after the service of the Motion or when the Reply is filed, whichever 23 comes first. See Local Rule 230(l). 24 5. The Clerk of the Court is DIRECTED to SERVE a copy of this order along with a 25 copy of the Petition on the Attorney General or his representative. 26 /// 27 /// 1 All motions shall be submitted on the record and briefs filed without oral argument unless 2 | otherwise ordered by the Court. Local Rule 230(1). Extensions of time will only be granted upon 3 | a showing of good cause. All provisions of Local Rule 110 are applicable to this order. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ August 20, 2021 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28