You're viewing Docket Item 3 from the case Stevens v. State of California. View the full docket and case details.

Download this document:




Case4:13-cv-02324-SBA Document3 Filed07/11/13 Page1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

MICHAEL STEVENS,

Petitioner,

v.
RICK HILL, Warden,

/

Respondent.

No. C 13-02324 SBA (PR)
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. 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 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 his current address.

2.

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.
3.

If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse with
the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. Should
Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty (60) days
after the date Petitioner is served with Respondent's Answer.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

t
t
r
r
u
u
o
o
C
C



t
t
c
c
i
i
r
r
t
t
s
s
i
i
D
D


s
s
e
e
t
t
a
a
t
t
S
S
d
d
e
e
t
t
i
i




n
n
U
U

a
a
i
i
n
n
r
r
o
o
f
f
i
i
l
l
a
a
C
C



f
f
o
o






t
t
c
c
i
i
r
r
t
t
s
s
i
i
D
D
n
n
r
r
e
e
h
h
t
t
r
r
o
o
N
N


e
e
h
h
t
t


r
r
o
o
F
F

t
r
u
o
C


t
c
i
r
t
s
i
D

s
e
t
a
t
S
d
e
t
i



n
U

a
i
n
r
o
f
i
l
a
C


f
o




t
c
i
r
t
s
i
D
n
r
e
h
t
r
o
N

e
h
t

r
o
F

Case4:13-cv-02324-SBA Document3 Filed07/11/13 Page2 of 3

4.

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 such a motion, Petitioner shall file with the Court and serve on Respondent an
opposition or statement of non-opposition to the motion within sixty (60) 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.

5.

It 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 without prejudice a
complaint 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 counsel.

6.

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 fourteen (14) days prior to the
deadline sought to be extended.

7.

Rick Hill, the current warden of the prison where Petitioner is incarcerated, has been

substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.

DATED: 7/11/13


SAUNDRA BROWN ARMSTRONG
United States District Judge

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

G:\PRO-SE\SBA\HC.13\Stevens2324.OSC.frm

2

t
r
u
o
C


t
c
i
r
t
s
i
D

s
e
t
a
t
S
d
e
t
i



n
U

a
i
n
r
o
f
i
l
a
C


f
o




t
c
i
r
t
s
i
D
n
r
e
h
t
r
o
N

e
h
t

r
o
F

Case4:13-cv-02324-SBA Document3 Filed07/11/13 Page3 of 3

UNITED STATES DISTRICT COURT

FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MICHAEL STEVENS,
Plaintiff,

v.
STATE OF CALIFORNIA et al,

/

Defendant.

Case Number: CV13-02324 SBA
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 July 11, 2013, 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.

Michael Edward Stevens AF7504
Folsom State Prison - Sacramento
P.O. Box 290066
Represa, CA 95671
Dated: July 11, 2013

Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

G:\PRO-SE\SBA\HC.13\Stevens2324.OSC.frm

3