Free Order to Show Cause - District Court of California - California

Case 4:08-cv-01998-CW

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Filed 09/02/2008

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1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner named Governor Arnold Schwarzenegger and Warden Ben Curry as the respondents in this action. Warden Curry has been substituted as the sole respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.
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IN THE UNITED STATES DISTRICT COURT

MATTHEW ADAM JAY, Petitioner, v. BEN CURRY, Warden, Respondent. /

No. C 08-01998 CW (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. the $5.00 filing fee. He has paid

It does not appear from the face of the Good cause appearing, the Court

petition that it is without merit. 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.1 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 one-hundred twenty (120) days of the issuance of

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. 4. Respondent 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 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 fifteen (15) 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. 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.

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6.

Extensions of time are not favored, though reasonable Any motion for an extension of time

extensions will be granted.

must be filed no later than ten (10) days prior to the deadline sought to be extended. 7. The Clerk of the Court is directed to substitute Warden

Curry as the sole respondent in this action. IT IS SO ORDERED. Dated: 9/2/08 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 MATTHEW A JAY, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-01998 CW CERTIFICATE OF SERVICE ARNOLD SCHWARZENEGGER et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\~7327119.wpd Dated: September 2, 2008 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk Matthew Adam Jay D-55653 Correctional Training Facility P.O. Box 689 Soledad, CA 93960 BEN CURRY, Warden Correctional Training Facility P.O. Box 689 Soledad, CA 93960 Attorney General State of California 455 Golden Gate Avenue, #11000 San Francisco, CA 94102 /

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 September 2, 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.