Holland v. Jonsen

• Court: District Court, N.D. California
• Decided: March 19, 2024
• Docket: 4:24-cv-00421
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHRISTOPHER MELVIN HOLLAND, Case No. 24-cv-00421-YGR (PR)

8 Petitioner, ORDER TO SHOW CAUSE 9 v.

10 SHERIFF ROBERT JONSEN,1 Respondent. 11

12 Petitioner, an inmate at the Santa Clara County Main Jail Complex, has filed this petition 13 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. 2. He has paid the $5.00 filing fee. 14 Dkt. 4. It does not appear from the face of the petition that it is without merit. Good cause 15 appearing, the Court hereby issues the following orders: 16 1. The Clerk of the Court shall serve a copy of this order upon respondent and 17 respondent’s attorney, the Attorney General of the State of California, at the following email 18 addresses: SFAWTParalegals@doj.ca.gov and docketingsfawt@doj.ca.gov. The petition and 19 the exhibits thereto are available via the Electronic Case Filing System for the Northern District of 20 California. The Clerk shall serve by mail a copy of this order on petitioner. 21 2. Respondent shall file with this Court and serve upon petitioner, within sixty (60) 22 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 23 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 24 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 25 been transcribed previously and that are relevant to a determination of the issues presented by the 26 petition. 27 1 3. If petitioner wishes to respond to the Answer, he shall do so by filing a Traverse 2 with the Court and serving it on respondent within sixty (60) days of his receipt of the Answer. 3 Should petitioner fail to do so, the petition will be deemed submitted and ready for decision sixty 4 (60) days after the date petitioner is served with respondent’s Answer. 5 4. Respondent may file with this Court and serve upon petitioner, within sixty (60) 6 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 7 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 8 2254 Cases. If respondent files such a motion, petitioner shall file with the Court and serve on 9 respondent an opposition or statement of non-opposition to the motion within sixty (60) days of 10 receipt of the motion, and respondent shall file with the Court and serve on petitioner a reply 11 within fourteen (14) days of receipt of any opposition. 12 5. It is petitioner’s responsibility to prosecute this case. Petitioner must keep the 13 Court and respondent informed of any change of address and must comply with the Court’s orders 14 in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se 15 whose address changes while an action is pending must promptly file a notice of change of 16 address specifying the new address. See L.R. 3-11(a). The Court may dismiss a pro se action 17 without prejudice when: (1) mail directed to the pro se party by the Court has been returned to the 18 Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written 19 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 20 Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Rule 41(b) applicable in habeas cases). 21 Petitioner must also serve on respondent’s counsel all communications with the Court by 22 mailing a true copy of the document to respondent’s counsel. 23 6. Upon a showing of good cause, requests for a reasonable extension of time will be 24 granted provided they are filed on or before the deadline they seek to extend. 25 7. Petitioner’s motion for appointment of counsel (see Dkt. 5 at 1) is DENIED 26 without prejudice. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986) (unless an 27 evidentiary hearing is required, the decision to appoint counsel in habeas corpus proceedings is 1 petition and an order to show cause is issuing. Accord Bashor y. Risley, 730 F.2d 1228, 1234 (9th 2 || Cir. 1984) (although petitioner had no background in law, denial of appointment of counsel within 3 || discretion of district court where petitioner clearly presented issues in petition and accompanying 4 || memorandum). The Court will appoint counsel on its own motion if an evidentiary hearing is later 5 required. See Knaubert, 791 F.2d at 728 (appointment of counsel mandatory if evidentiary 6 || hearing is required). 7 8. This Order terminates Docket No. 5. 8 IT IS SO ORDERED. 9 || Dated: March 19, 2024 10 J E YVONNE GONZALEZ ROGERS I United States District Judge 12

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