Cruz-Hernandez v. U.S., 1:14-CR-00201-LJO-BAM-1 (2016)
Court: District Court, E.D. California
Number: infdco20160429968
Visitors: 14
Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: ORDER TO SHOW CAUSE RE: GOVERNMENT'S FAILURE TO RESPOND TO THE COURT'S 3/30/2016 ORDER LAWRENCE J. O'NEILL , District Judge . On March 30, 2016, this Court directed the Government to respond to Petitioner Fausto Arthur Cruz-Hernandez ("Petitioner")'s allegation that defense counsel rendered ineffective assistance of counsel for failing to file a requested notice of appeal. Doc. 34. The Court ordered the Government to respond within twenty days. Id. Over one week has elapsed since the dead
Summary: ORDER TO SHOW CAUSE RE: GOVERNMENT'S FAILURE TO RESPOND TO THE COURT'S 3/30/2016 ORDER LAWRENCE J. O'NEILL , District Judge . On March 30, 2016, this Court directed the Government to respond to Petitioner Fausto Arthur Cruz-Hernandez ("Petitioner")'s allegation that defense counsel rendered ineffective assistance of counsel for failing to file a requested notice of appeal. Doc. 34. The Court ordered the Government to respond within twenty days. Id. Over one week has elapsed since the deadl..
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ORDER TO SHOW CAUSE RE: GOVERNMENT'S FAILURE TO RESPOND TO THE COURT'S 3/30/2016 ORDER
LAWRENCE J. O'NEILL, District Judge.
On March 30, 2016, this Court directed the Government to respond to Petitioner Fausto Arthur Cruz-Hernandez ("Petitioner")'s allegation that defense counsel rendered ineffective assistance of counsel for failing to file a requested notice of appeal. Doc. 34. The Court ordered the Government to respond within twenty days. Id. Over one week has elapsed since the deadline expired, without any response from the Government. Accordingly, the Government is ORDERED TO SHOW CAUSE IN WRITING, on or before May 5, 2016, why the Court should not, pursuant to United States v. Sandoval-Lopez, 409 F.3d 1193 (9th Cir. 2003), (1) grant Petitioner's motion pursuant to 28 U.S.C. § 2255 on the limited issue of defense counsel's failure to file the requested notice of appeal, and (2) vacate the judgment for the limited purpose of re-entering judgment to trigger a renewed time for filing a notice of appeal.
IT IS SO ORDERED.
Source: Leagle
