(HC) Moses v. People of the State of California

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SAMMY MOSES, Case No. 1:21-cv-01260-SAB-HC

Petitioner, ORDER TO RESPOND

v. ORDER SETTING BRIEFING SCHEDULE CALIFORNIA, ORDER TO ELECTRONICALLY FILE TRANSCRIPTS AND OTHER NECESSARY Respondent. DOCUMENTS ORDER DIRECTING CLERK OF COURT TO SERVE DOCUMENTS ON ATTORNEY GENERAL Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court has conducted a preliminary review of the Petition. It is not clear from the face of the Petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Court HEREBY ORDERS: 1. Within SIXTY (60) days of the date of service of this order, Respondent SHALL FILE a RESPONSE to the Petition. See Rule 4, Rules Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th Cir. 1985) (court has discretion to fix time for filing a response). A Response can be made by filing one of the following: A. AN ANSWER addressing the merits of the Petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER, but must also address the merits of the claim asserted. B. A MOTION TO DISMISS the Petition. 2. Within SIXTY (60) days of the date of service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition (“OCR”) format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this Court. 3. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse within THIRTY (30) days of the date Respondent’s Answer is filed with the Court. If no Traverse is filed, the Petition and Answer are deemed submitted at the expiration of the thirty days. 4. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition or Statement of Non-Opposition within TWENTY-ONE (21) days of the date Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the Motion to Dismiss SHALL be filed within SEVEN (7) days after the opposition is served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT (28) days after the service of the Motion or when the Reply is filed, whichever comes first. See Local Rule 230(l). 5. The Clerk of the Court is DIRECTED to SERVE a copy of this order along with a copy of the Petition on the Attorney General or his representative. /// /// All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the Court. Local Rule 230(1). Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. FA. ee Dated: _ August 20, 2021

UNITED STATES MAGISTRATE JUDGE