WOOTEN v. MONTGOMERY, 16-cv-03755-VC. (2016)
Court: District Court, N.D. California
Number: infdco20160718845
Visitors: 17
Filed: Jul. 15, 2016
Latest Update: Jul. 15, 2016
Summary: ORDER TO SHOW CAUSE VINCE CHHABRIA , District Judge . Wooten's habeas petition is not "so incredible or frivolous as to warrant summary dismissal." Hendricks v. Vasquez, 908 F.2d 490 , 492 (9th Cir. 1990). The clerk is therefore ordered to serve a copy of the petition and all supporting materials on the respondent, and the respondent is ordered to file (and serve on the petitioner) an answer to the petition within 60 days of the date of this order. Respondent shall also file and serve a
Summary: ORDER TO SHOW CAUSE VINCE CHHABRIA , District Judge . Wooten's habeas petition is not "so incredible or frivolous as to warrant summary dismissal." Hendricks v. Vasquez, 908 F.2d 490 , 492 (9th Cir. 1990). The clerk is therefore ordered to serve a copy of the petition and all supporting materials on the respondent, and the respondent is ordered to file (and serve on the petitioner) an answer to the petition within 60 days of the date of this order. Respondent shall also file and serve a c..
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ORDER TO SHOW CAUSE
VINCE CHHABRIA, District Judge.
Wooten's habeas petition is not "so incredible or frivolous as to warrant summary dismissal." Hendricks v. Vasquez, 908 F.2d 490, 492 (9th Cir. 1990). The clerk is therefore ordered to serve a copy of the petition and all supporting materials on the respondent, and the respondent is ordered to file (and serve on the petitioner) an answer to the petition within 60 days of the date of this order. Respondent shall also file and serve a copy of all portions of the state-court record that are relevant in adjudicating the issues raised by the petition.
If the petitioner wishes to file a traverse, he may do so within 30 days of the respondent's answer.
IT IS SO ORDERED.
Source: Leagle
