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Guardado v. Davis

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


November 12, 2008

PAUL ALBERT GUARDADO, PETITIONER,
v.
J. DAVIS, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER TO SHOW CAUSE

Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the $5.00 filing fee.

In a separate order filed today, the Court granted Petitioner's motion for appointment of counsel. The Court directs Petitioner's counsel to abide by the briefing schedule outlined below. It does not appear from the face of the petition that it is without merit. Good cause appearing, the Court hereby issues the following orders:

1. The Clerk of the Court shall serve a copy of this Order and the petition and all attachments thereto upon Respondents and Respondents' attorney, the Attorney General of the State of California. The Clerk shall also send a copy of this Order to Petitioner's counsel and to Petitioner.

2. Respondents shall file with this Court and serve upon Petitioner, within sixty (60) days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. Respondents shall file with the Answer a copy of all portions of the relevant state records that have been transcribed previously and that are relevant to a determination of the issues presented by the petition.

3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with the Court and serving it on Respondents within thirty (30) days of his receipt of the Answer. Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision thirty (30) days after the date Petitioner is served with Respondents' Answer.

4. Respondents may file a motion to dismiss on procedural grounds in lieu of an Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If Respondents file such a motion, Petitioner shall file with the Court and serve on Respondents an opposition or statement of non-opposition to the motion within thirty (30) days of receipt of the motion, and Respondents shall file with the Court and serve on Petitioner a reply within fifteen (15) days of receipt of any opposition.

5. Extensions of time are not favored, though reasonable extensions will be granted. Any motion for an extension of time must be filed no later than ten (10) days prior to the deadline sought to be extended.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 12, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Paul Albert Guardado E-36459 CTF North Rainer B, 344 P.O. Box 705 Soledad, CA 93960-0705 United States District Court Kent G. Washburn (SBN 88282) 123 Jewell St. Santa Cruz, CA 95060-1717 M. Cate, Director CA Department of Corrections and Rehabilitation P. O. Box 942883 Sacramento CA. 94283 Ben Curry, Warden P.O. Box 686 Soledad, CA 93960-0686 J. Davis, Chairman Department of Parole Hearings 1515 S Street Sacramento, CA 95811-7243 Attorney General State of California 455 Golden Gate Avenue, #11000 San Francisco, CA 94102

20081112

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