United States District Court, N.D. California
ORDER TO SHOW CAUSE
M. RYU, United States Magistrate Judge.
a state prisoner, has filed this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner
has paid the full filing fee. Dkt. 1. This action has been
assigned to the undersigned Magistrate Judge.
to 28 U.S.C. § 636(c), with written consent of all
parties, a magistrate judge may conduct all proceedings in a
case, including entry of judgment. Appeal will be directly to
the United States Court of Appeals for the Ninth Circuit.
See 28 U.S.C. § 636(c)(3).
October 18, 2019, Petitioner consented to magistrate judge
jurisdiction in this matter. Dkt. 6.
not appear from the face of the petition that it is without
merit. Good cause appearing, the court hereby issues the
Clerk of the Court shall serve a Magistrate Judge
jurisdiction consent form, a copy of this Order, as well as
the signed petition (dkt. 4) and all attachments thereto upon
Respondent and Respondent's attorney, the Attorney
General of the State of California. The Clerk shall also
serve a copy of this Order on Petitioner at Petitioner's
Within twenty-eight (28) days of the
issuance of this Order, Respondent shall complete and file
the Magistrate Judge jurisdiction consent form to indicate
whether Respondent consents or declines to proceed before the
assigned Magistrate Judge. Respondent is free to withhold
consent without adverse consequences. If Respondent consents
to a Magistrate Judge's jurisdiction, this case will be
handled by the undersigned Magistrate Judge. If Respondent
declines, the case will be reassigned to a District Judge.
Whether Respondent consents or declines to proceed before the
assigned Magistrate Judge, the parties shall abide by the
briefing schedule below.
Respondent 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.
Respondent 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.
Petitioner wishes to respond to the Answer, Petitioner shall
do so by filing a Traverse with the court and serving it on
Respondent within twenty-eight (28) days of
Petitioner's receipt of the Answer. Should Petitioner
fail to do so, the petition will be deemed submitted and
ready for decision twenty-eight (28) days
after the date Petitioner is served with Respondent's
Respondent may file with this court and serve upon
Petitioner, within sixty (60) days of the
issuance of this Order, 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 Respondent files a motion to dismiss, Petitioner
shall file with the court and serve on Respondent an
opposition or statement of non-opposition to the motion
within twenty-eight (28) days of receipt of
the motion, and Respondent shall file with the court and
serve on Petitioner a reply within fourteen (14)
days of receipt of any opposition.
is Petitioner's responsibility to prosecute this case.
Petitioner must keep the 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 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 court as
not deliverable, and (2) the court fails to receive within
sixty days of this return a written communication from the
pro se party indicating a current address.
See L.R. 3-11(b); see also Martinez v.
Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b)
applicable in habeas cases). Petitioner must also serve on
Respondent's counsel all communications with the court by
mailing a true copy of the document to Respondent's
a showing of good cause, requests for a reasonable extension
of time will be granted provided they are filed on or before
the deadline they seek to extend.