Phang v. People of the State of California

[5] 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA [8] VINH THE PHANG, 9 Case No. 25-cv-03161-KAW (PR) Petitioner, [10] v. ORDER TO SHOW CAUSE [11] ROBERTO A. ARIAS, Warden,1 [12] Respondent. [13] 14 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to [15] 28 U.S.C. § 2254 . He has paid the full filing fee. 16 Pursuant to 28 U.S.C. § 636 (c), with written consent of all parties, a magistrate judge may 17 conduct all proceedings in a case, including entry of judgment. Appeal will be directly to the 18 United States Court of Appeals for the Ninth Circuit. See 28 U.S.C. § 636 (c)(3). 19 It does not appear from the face of the petition that it is without merit. Good cause 20 appearing, the Court hereby issues the following orders: 21 1. The Clerk of the Court shall serve a copy of this order upon Respondent and 22 Respondent’s attorney, the Attorney General of the State of California, at the following email 23 addresses: SFAWTParalegals@doj.ca.gov and docketingsfawt@doj.ca.gov. The petition and 24 the exhibits thereto are available via the Electronic Case Filing System for the Northern District of 25 California. The Clerk shall serve by mail a copy of this order on Petitioner. 26 2. Within twenty-eight (28) days of the issuance of this Order, Respondent shall [27] 1 complete and file the Magistrate Judge jurisdiction consent form to indicate whether Respondent 2 consents or declines to proceed before the assigned Magistrate Judge. Respondent is free to 3 withhold consent without adverse consequences. If Respondent consents to a Magistrate Judge’s 4 jurisdiction, this case will be handled by the undersigned Magistrate Judge. If Respondent 5 declines, the case will be reassigned to a District Judge. Whether Respondent consents or declines 6 to proceed before the assigned Magistrate Judge, the parties shall abide by the briefing schedule 7 below. 8 3. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) 9 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 10 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 11 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 12 been transcribed previously and that are relevant to a determination of the issues presented by the 13 petition. 14 4. If Petitioner wishes to respond to the Answer, he shall do so by filing a Traverse 15 with the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer. 16 Should Petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty 17 (60) days after the date Petitioner is served with Respondent’s Answer. 18 5. Respondent may file with this Court and serve upon Petitioner, within sixty (60) 19 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 20 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 21 2254 Cases. If Respondent files such a motion, Petitioner shall file with the Court and serve on 22 Respondent an opposition or statement of non-opposition to the motion within sixty (60) days of 23 receipt of the motion, and Respondent shall file with the Court and serve on Petitioner a reply 24 within fourteen (14) days of receipt of any opposition. 25 6. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the 26 Court and Respondent informed of any change of address and must comply with the Court’s 27 orders in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro 1 address specifying the new address. See L.R. 3-11(a). The Court may dismiss a pro se action 2 || without prejudice when: (1) mail directed to the pro se party by the Court has been returned to the 3 || Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written 4 || communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 5 Martinez v. Johnson, 104 F.3d 769, 772 (Sth Cir. 1997) (Rule 41(b) applicable in habeas cases). 6 Petitioner must also serve on Respondent’s counsel all communications with the Court by 7 || mailing a true copy of the document to Respondent’s counsel. 8 7. Upon a showing of good cause, requests for a reasonable extension of time will be 9 || granted provided they are filed on or before the deadline they seek to extend. 10 8. Roberto A. Arias shall be substituted as Respondent pursuant to Rule 25(d) of the 11 Federal Rules of Civil Procedure. 12 IT IS SO ORDERED. 5 13 Dated: September 24, 2025 AWNDIS A. WESTMORE 2 15 Unitéd States Magistrate Judge