Jackson v. Bonta ( 2021 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 LEE A. JACKSON, 4 Case No. 21-cv-04625-YGR (PR) Petitioner, 5 v. ORDER TO SHOW CAUSE 6 DANNY SAMUEL, Acting Warden,1 7 Respondent. 8 9 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 10 28 U.S.C. § 2254. He has paid the full filing fee. 11 It does not appear from the face of the petition that it is without merit. Good cause 12 appearing, the Court hereby issues the following orders: 13 1. The Clerk of the Court shall serve a copy of this order upon Respondent and 14 Respondent’s attorney, the Attorney General of the State of California, at the following email 15 address: SFAWTParalegals@doj.ca.gov. The petition and the exhibits thereto are available via 16 the Electronic Case Filing System for the Northern District of California. The Clerk shall serve by 17 mail a copy of this order on Petitioner. 18 2. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) 19 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 20 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 21 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 22 been transcribed previously and that are relevant to a determination of the issues presented by the 23 petition. 24 3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse 25 with the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. 26 27 1 Danny Samuel, the current acting warden of the prison where Petitioner is incarcerated, 1 Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty 2 (60) days after the date Petitioner is served with Respondent’s Answer. 3 4. Respondent may file with this Court and serve upon Petitioner, within sixty (60) 4 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 5 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 6 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 7 Respondent an opposition or statement of non-opposition to the motion within sixty (60) days of 8 || receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply 9 || within fourteen (14) days of receipt of any opposition. 10 5. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the 11 Court and Respondent informed of any change of address and must comply with the Court’s 12 || orders in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro 13 se whose address changes while an action is pending must promptly file a notice of change of 14 address specifying the new address. See L.R. 3-11(a). The Court may dismiss a pro se action 15 without prejudice when: (1) mail directed to the pro se party by the Court has been returned to the 16 Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written 3 17 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 18 Martinez v. Johnson, 104 F.3d 769, 772 (Sth Cir. 1997) (Rule 41(b) applicable in habeas cases). 19 Petitioner must also serve on Respondent’s counsel all communications with the Court by 20 || mailing a true copy of the document to Respondent’s counsel. 21 6. Upon a showing of good cause, requests for a reasonable extension of time will be 22 || granted provided they are filed on or before the deadline they seek to extend. 23 7. Danny Samuel, the current acting warden of the prison where Petitioner is 24 || incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of 25 Civil Procedure. 26 IT IS SO ORDERED. 27 || Dated: September 22, 2021 Lr oat pda pbhoivltes 28 United States District Judge