Oseguera v. Corpus

— 1 — — 2 — — 3 — 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA — 6 — 7 DANIEL OSEGUERA, Case No. 24-cv-02000-AMO (PR) 8 Petitioner, ORDER TO SHOW CAUSE 9 v. 10 SHERIFF CHRISTINA CORPUS, Respondent. — 11 — 12 Petitioner Daniel Oseguera, an inmate at the Maguire Correctional Facility, has filed the 13 instant pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Dkt. 1. He has 14 paid the full filing fee. Dkt. 6. 15 It does not appear from the face of the petition that it is without merit. Good cause 16 appearing, the court hereby issues the following orders: 17 1. The Clerk of the Court shall serve a copy of this order upon Respondent and 18 Respondent’s attorney, the Attorney General of the State of California, at the following email 19 addresses: SFAWTParalegals@doj.ca.gov and docketingsfawt@doj.ca.gov. The petition and 20 the exhibits thereto are available via the Electronic Case Filing System for the Northern District of 21 California. The Clerk shall serve by mail a copy of this order on the petitioner. 22 2. Respondent shall file with this Court and serve upon the petitioner, within sixty 23 (60) days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the 24 Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be 25 issued. Respondent shall file with the Answer a copy of all portions of the relevant state records 26 that have been transcribed previously and that are relevant to a determination of the issues 27 presented by the petition. 1 with the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. 2 Should the petitioner fail to do so, the petition will be deemed submitted and ready for decision 3 || sixty (60) days after the date the petitioner is served with Respondent’s Answer. 4 4. Respondent may file with this Court and serve upon the petitioner, within sixty 5 (60) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 6 || Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 7 2254 Cases. If Respondent files such a motion, the petitioner shall file with the Court and serve 8 || on Respondent an opposition or statement of non-opposition to the motion within sixty (60) days 9 of receipt of the motion, and Respondent shall file with the Court and serve on the petitioner a 10 || reply within fourteen (14) days of receipt of any opposition. 11 5. It is the petitioner’s responsibility to prosecute this case. He must keep the Court 12 || and Respondent informed of any change of address and must comply with the Court’s orders in a 5 13 || timely fashion. Pursuant to Northern District Local Rule 3-11 a self-represented party proceeding 14 || whose address changes while an action is pending must promptly file a notice of change of 15 address specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a 16 || petition when: (1) mail directed to the self-represented party by the Court has been returned to the 3 17 Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written S 18 communication from the self-represented party indicating a current address. See L.R. 3-11(b); see 19 also Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (holding that Rule 41(b) is applicable 20 || in habeas cases). The petitioner must also serve on Respondent’s counsel all communications 21 with the court by mailing a true copy of the document to Respondent’s counsel. 22 6. Any requests for extensions of time must be submitted at least seven (7) days prior 23 || to the expiration of a deadline, as required by Section D.2 of the Court’s Standing Order for Civil 24 || Cases. 25 IT IS SO ORDERED. 26 Dated: October 2, 2024 27 Qhracch ARACELI MARTINEZ-OLGUIN 28 United States District Judge