Rule 41(b) applicable in habeas cases
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- Rule 41(b) applicable in habeas cases
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The opinion
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3 UNITED STATES DISTRICT COURT
4 NORTHERN DISTRICT OF CALIFORNIA
5
CY BROWN,
6 Case No. 24-cv-06265-YGR (PR)
Petitioner,
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v. ORDER TO SHOW CAUSE
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PEOPLE OF THE STATE OF
9 CALIFORNIA,
10 Respondent.
11 Petitioner, an inmate at the Martinez Detention Facility, has filed this petition for a writ of
12 habeas corpus pursuant to 28 U.S.C. § 2254. See Dkts. 1, 7. He has paid the full filing fee.
13 It does not appear from the face of the petition that it is without merit. Good cause
14 appearing, the Court hereby issues the following orders:
15 1. The Clerk of the Court shall serve a copy of this order upon Respondent and
16 Respondent’s attorney, the Attorney General of the State of California, at the following email
17 addresses: SFAWTParalegals@doj.ca.gov and docketingsfawt@doj.ca.gov. The petition and
18 the exhibits thereto are available via the Electronic Case Filing System for the Northern District of
19 California. See Dkts. 1, 7. The Clerk shall serve by mail a copy of this order on Petitioner.
20 2. Respondent shall file with this Court and serve upon Petitioner, within sixty (60)
21 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules
22 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued.
23 Respondent shall file with the Answer a copy of all portions of the relevant state records that have
24 been transcribed previously and that are relevant to a determination of the issues presented by the
25 petition.
26 3. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse
27 with the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer.
1 (60) days after the date Petitioner is served with Respondent’s Answer.
2 4. Respondent may file with this Court and serve upon Petitioner, within sixty (60)
3 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an
4 || Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section
5 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on
6 || Respondent an opposition or statement of non-opposition to the motion within sixty (60) days of
7 || receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply
8 || within fourteen (14) days of receipt of any opposition.
9 5. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the
10 || Court and Respondent informed of any change of address and must comply with the Court’s
11 orders in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro
12 || se whose address changes while an action is pending must promptly file a notice of change of
5 13 address specifying the new address. See L.R. 3-11(a). The Court may dismiss a pro se action
14 || without prejudice when: (1) mail directed to the pro se party by the Court has been returned to the
3 15 Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written
16 || communication from the pro se party indicating a current address. See L.R. 3-11(b); see also
3 17 Martinez v. Johnson, 104 F.3d 769, 772 (Sth Cir. 1997) (Rule 41(b) applicable in habeas cases).
18 Petitioner must also serve on Respondent’s counsel all communications with the Court by
19 mailing a true copy of the document to Respondent’s counsel.
20 6. Upon a showing of good cause, requests for a reasonable extension of time will be
21 granted provided they are filed on or before the deadline they seek to extend.
22 IT IS SO ORDERED.
23 ||Dated: April 15, 2025
24 _Lopeee Hagtrlfbees,—
JUDGE YVONNE GONZALEZ ROGERS
25 United States District Judge
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