Vaughn v. McDonald

Filing 14

ORDER FOR RESPONDENT TO RE-SERVE ANSWER. Signed by Judge Thelton E. Henderson on 08/07/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/8/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 Petitioner, 13 14 No. C-11-4274 TEH (PR) CHRISTOPHER L. VAUGHN, ORDER FOR RESPONDENT TO RESERVE ANSWER v. MICHAEL D. MCDONALD, Warden, 15 Respondent. 16 / 17 18 On August 30, 2011, Petitioner Christopher Vaughn filed a 19 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 20 challenging a judgment of conviction from Alameda County Superior 21 Court. 22 an answer showing cause why a writ of habeas corpus should not be 23 granted and to serve it on Petitioner. 24 Respondent filed his answer and served it on Petitioner. 25 February 13, 2012, the Court ordered Respondent to re-serve his 26 answer because Petitioner’s prisoner number was listed incorrectly 27 on the Court’s docket. 28 his answer on Petitioner. On December 15, 2011, the Court ordered Respondent to file On February 6, 2012, On On February 16, 2012, Respondent re-served Petitioner’s traverse was due on April 1 13, 2012, but, as of this date, has not been filed with the Court. 2 The docket shows that, since Respondent re-served his 3 answer, Petitioner has filed two notices of change of address. 4 latest notice was filed on May 25, 2012 and lists his address as: 5 High Desert State Prison; PO Box 3030; Susanville, CA 96127; CDCR 6 # G-37688; Bldg/Bed B5-130 L.1 7 received Respondent’s answer, Respondent is ordered to re-serve his 8 answer and all relevant materials on Petitioner and to file a 9 certificate of service. Because Petitioner may not have Petitioner’s traverse is due thirty days 10 United States District Court For the Northern District of California His from the day Respondent re-serves his answer. 11 has passed, the petition will be ripe for review whether or not 12 Petitioner has filed a traverse. 13 communications with the Court must be served on Respondent by 14 mailing a true copy of the document to Respondent’s counsel. After this deadline Petitioner is reminded that all 15 16 IT IS SO ORDERED. 17 18 DATED 08/07/2012 THELTON E. HENDERSON United States District Judge 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\TEH\HC.11\Vaughn-11-4274-RespReServeAnswer.wpd 1 The Court notes that Petitioner’s address has not been changed on the Court’s docket. The Clerk shall update the docket with the address listed in Petitioner’s last notice of change of address. 2

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