Free Order - District Court of California - California

Case 5:08-cv-02869-JF

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Filed 06/23/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. IT IS ORDERED as follows: (1) The Clerk of the Court shall serve by certified mail a copy of the petition and a v. MIKE KNOWLES, Acting Warden, Respondent. DAVID QUESADA, Petitioner, Case Number C 08-2869 JF ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION **E-Filed 6/23/08**

copy of this Order upon counsel for Respondent, the Attorney General of the State of California. The Clerk of the Court also shall serve a copy of this Order upon counsel for Petitioner,. (2) Respondent shall, within sixty (60) days after receiving this order, file and serve

upon Petitioner's counsel 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 issue. At the time the answer is filed, Respondent shall lodge with the Court all records relevant to a determination of the issues presented by the petition. If Respondent contends that Petitioner has failed to
Case No. C 08-2869 JF ORDER TO SHOW CAUSE (JFLC2)

Case 5:08-cv-02869-JF

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Filed 06/23/2008

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exhaust state remedies as to any ground for relief asserted in the petition, Respondent shall specify what state remedy remains available to Petitioner. If Respondent waives or concedes the issue of exhaustion, Respondent shall so state in the answer. (3) Petitioner may file a traverse responding to matters raised in the answer within

thirty (30) days after receiving the answer. (4) Unless otherwise ordered by the Court, the matter will be deemed submitted upon

the filing of the traverse or upon the expiration of time to file a traverse.

DATED: June 23, 2008

__________________________________ JEREMY FOGEL United States District Judge

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Case No. C 08-2869 JF ORDER TO SHOW CAUSE (JFLC2)

Case 5:08-cv-02869-JF

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Filed 06/23/2008

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Copies of this Order were served upon the following persons:

Counsel for Petitioner: Marc Elliot Grossman [email protected], [email protected] Counsel for Respondent: Office of the Attorney General of the State of California 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102-36643

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Case No. C 08-2869 JF ORDER TO SHOW CAUSE (JFLC2)