Palagi v. Jenkins ( 2020 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 TINA M. PALAGI, Case No. 20-cv-03783-DMR (PR) Petitioner, 9 ORDER TO SHOW CAUSE v. 10 11 W. Z. JENKINS, Warden, Respondent. 12 13 Petitioner, a federal prisoner incarcerated at the Federal Correctional Institution - Dublin 14 Satellite Prison Camp, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 15 § 2241.1 Dkt. 1. Petitioner has also paid the full filing fee. Id. This action has been assigned to 16 the undersigned Magistrate Judge. Dkt. 2. 17 Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, a magistrate judge may 18 conduct all proceedings in a case, including entry of judgment. Appeal will be directly to the 19 United States Court of Appeals for the Ninth Circuit. See 28 U.S.C. § 636(c)(3). 20 On June 19, 2020, Petitioner consented to magistrate judge jurisdiction in this matter. Dkt. 21 3. 22 It does not appear from the face of the petition that it is without merit. Good cause 23 appearing, the court hereby issues the following orders: 24 1. The Clerk of the Court shall serve electronically a Magistrate Judge jurisdiction 25 consent form, a copy of this order upon the Respondent and Respondent’s attorney, the United 26 27 1 As Petitioner is incarcerated within the Northern District of California and her petition 1 States Attorney for the Northern District of California, at the following email addresses: 2 (1) usacan.ecf@usdoj.gov; (2) sara.winslow@usdoj.gov; and (3) kathy.terry@usdoj.gov. The 3 petition and the exhibits thereto are available via the Electronic Case Filing System for the 4 Northern District of California. The Clerk shall serve by mail a copy of this order on Petitioner. 5 2. Within twenty-eight (28) days of the issuance of this Order, Respondent shall 6 complete and file the Magistrate Judge jurisdiction consent form to indicate whether Respondent 7 consents or declines to proceed before the assigned Magistrate Judge. Respondent is free to 8 withhold consent without adverse consequences. If Respondent consents to a Magistrate Judge’s 9 jurisdiction, this case will be handled by the undersigned Magistrate Judge. If Respondent 10 declines, the case will be reassigned to a District Judge. Whether Respondent consents or declines 11 to proceed before the assigned Magistrate Judge, the parties shall abide by the briefing schedule 12 below. 13 3. Respondent shall file with the court and serve on Petitioner, within sixty (60) days 14 of the date this Order is filed, an answer to this petition, showing cause why a writ of habeas 15 corpus should not be granted based on Petitioner’s cognizable claims. Respondent shall file with 16 the answer and serve on Petitioner a copy of all exhibits that are relevant to a determination of the 17 issues presented by the petition. 18 4. If Petitioner wishes to respond to the Answer, Petitioner shall do so by filing a 19 Traverse with the court and serving it on Respondent within twenty-eight (28) days of 20 Petitioner’s receipt of the Answer. Should Petitioner fail to do so, the petition will be deemed 21 submitted and ready for decision twenty-eight (28) days after the date Petitioner is served with 22 Respondent’s Answer. 23 5. Respondent may file with this court and serve upon Petitioner, within sixty (60) 24 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 25 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 26 2254 Cases. If Respondent files a motion to dismiss, Petitioner shall file with the court and serve 27 on Respondent an opposition or statement of non-opposition to the motion within twenty-eight 1 a reply within fourteen (14) days of receipt of any opposition. 2 6. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the 3 court and Respondent informed of any change of address and must comply with the court’s orders 4 in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se 5 whose address changes while an action is pending must promptly file a notice of change of 6 address specifying the new address. See L.R. 3-11(a). The court may dismiss a pro se action 7 without prejudice when: (1) mail directed to the pro se party by the court has been returned to the 8 court as not deliverable, and (2) the court fails to receive within sixty days of this return a written 9 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 10 Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases). 11 Petitioner must also serve on Respondent’s counsel all communications with the court by mailing 12 a true copy of the document to Respondent’s counsel. 13 7. Upon a showing of good cause, requests for a reasonable extension of time will be 14 granted provided they are filed on or before the deadline they seek to extend. 15 IT IS SO ORDERED. 16 Dated: August 31, 2020 17 18 DONNA M. RYU 19 United States Magistrate Judge 20 21 22 23 24 25 26 27