Opinion

Brown v. People of the State of Calfornia

Court
District Court, N.D. California
Filed
Apr 15, 2025
Cited by
0 cases
Authority
More cited than 34.8%

Rule 41(b) applicable in habeas cases

How later courts described this case

  • Rule 41(b) applicable in habeas cases

Written by the judges who cited it.

The opinion

1

2

3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

5

CY BROWN,

6 Case No. 24-cv-06265-YGR (PR)

Petitioner,

7

v. ORDER TO SHOW CAUSE

8

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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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