Wilkins v. Lozano ( 2019 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 KEITH M. WILKINS, 4 Case No. 19-cv-06119-YGR (PR) Petitioner, 5 ORDER GRANTING IN FORMA v. PAUPERIS STATUS AND DIRECTING 6 RESPONDENT TO SHOW CAUSE JARED D. LOZANO, Warden,1 WHY THE PETITION SHOULD NOT 7 Respondent. BE GRANTED 8 9 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 10 28 U.S.C. § 2254. Petitioner also seeks leave to proceed in forma pauperis. It does not appear 11 from the face of the petition that it is without merit. Good cause appearing, the Court hereby 12 issues the following orders: 13 1. Petitioner’s application to proceed in forma pauperis is GRANTED. Dkt. 2. 2. The Clerk of the Court shall serve a copy of this Order and the petition and all 14 attachments thereto upon Respondent and Respondent’s attorney, the Attorney General of the 15 State of California. The Clerk shall also serve a copy of this Order on Petitioner at his current 16 address. 17 3. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) 18 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 19 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 20 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 21 been transcribed previously and that are relevant to a determination of the issues presented by the 22 petition. 23 4. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse 24 with the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. 25 Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty 26 27 1 (60) days after the date Petitioner is served with Respondent’s Answer. 2 5. Respondent may file with this Court and serve upon Petitioner, within sixty (60) 3 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 4 || Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 5 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 6 Respondent an opposition or statement of non-opposition to the motion within sixty (60) days of 4 receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply g within fourteen (14) days of receipt of any opposition. 9 6. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the 10 Court and Respondent informed of any change of address and must comply with the Court’s orders in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes while an action is pending must promptly file a notice of change of E address specifying the new address. See L.R. 3-11(a). The Court may dismiss a pro se action = without prejudice when: (1) mail directed to the pro se party by the Court has been returned to the M4 Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written 1S communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 16 Martinez v. Johnson, 104 F.3d 769, 772 (Sth Cir. 1997) (Rule 41(b) applicable in habeas cases). Petitioner must also serve on Respondent’s counsel all communications with the Court by 18 mailing a true copy of the document to Respondent’s counsel. 19 7. Upon showing of good cause, requests for a reasonable extension of time will be 20 granted provided they are filed on or before the deadline they seek to extend. 21 8. Jared D. Lozano, the current warden of the prison where Petitioner is incarcerated, 22 || has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil 23 Procedure. 24 9. This Order terminates Docket No. 2. 25 IT IS SO ORDERED. 26 || Dated: December 27, 2019 Lapent Hptilftees,— ONNE GONZALEZ ROGERS 27 United States District Court Judge 28