Law v. Martinez ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AUDRY WAYNE LAW, Case No. 23-cv-01727-AMO (PR) 8 Petitioner, ORDER TO SHOW CAUSE 9 v. 10 LUIS MARTINEZ, Acting Warden, Respondent. 11 12 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 13 28 U.S.C. § 2254. He has paid the full filing fee. 14 It does not appear from the face of the petition that it is without merit. Good cause 15 appearing, the Court hereby issues the following orders: 16 1. The Clerk of the Court shall serve a copy of this order upon respondent and 17 respondent’s attorney, the Attorney General of the State of California, at the following email 18 addresses: SFAWTParalegals@doj.ca.gov and docketingsfawt@doj.ca.gov. The petition and 19 the exhibits thereto are available via the Electronic Case Filing System for the Northern District of 20 California. The Clerk shall serve by mail a copy of this order on petitioner. 21 2. Respondent shall file with this Court and serve upon petitioner, within sixty (60) 22 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 23 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 24 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 25 been transcribed previously and that are relevant to a determination of the issues presented by the 26 petition. 27 3. If petitioner wishes to respond to the Answer, he shall do so by filing a Traverse 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 orders 12 || inatimely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se 5 13 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 3 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 IT IS SO ORDERED. 24 Dated: July 13, 2023 25 rf / 7 Gash Malle 4 United States District Judge 28