1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ENRIQUE NUNES LOPEZ, Case No. 19-cv-05788-DMR (PR)

8 Petitioner, ORDER TO SHOW CAUSE

v. 9

10 JOSIE GASTELO, Warden,1 Respondent. 11

12 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28

. Petitioner has paid the full filing fee. Dkt. 1. This action has been assigned to the 14 undersigned Magistrate Judge. 15 Pursuant to

(c), with written consent of all parties, a magistrate judge may 16 conduct all proceedings in a case, including entry of judgment. Appeal will be directly to the 17 United States Court of Appeals for the Ninth Circuit. See

(c)(3). 18 On October 18, 2019, Petitioner consented to magistrate judge jurisdiction in this matter. 19 Dkt. 6. 20 It does not appear from the face of the petition that it is without merit. Good cause 21 appearing, the court hereby issues the following orders: 22 1. The Clerk of the Court shall serve a Magistrate Judge jurisdiction consent form, a 23 copy of this Order, as well as the signed petition (dkt. 4) and all attachments thereto upon 24 Respondent and Respondent’s attorney, the Attorney General of the State of California. The Clerk 25 shall also serve a copy of this Order on Petitioner at Petitioner’s current address. 26 2. Within twenty-eight (28) days of the issuance of this Order, Respondent shall 27 1 complete and file the Magistrate Judge jurisdiction consent form to indicate whether Respondent 2 consents or declines to proceed before the assigned Magistrate Judge. Respondent is free to 3 withhold consent without adverse consequences. If Respondent consents to a Magistrate Judge’s 4 jurisdiction, this case will be handled by the undersigned Magistrate Judge. If Respondent 5 declines, the case will be reassigned to a District Judge. Whether Respondent consents or declines 6 to proceed before the assigned Magistrate Judge, the parties shall abide by the briefing schedule 7 below. 8 3. Respondent shall file with this court and serve upon Petitioner, within sixty (60) 9 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 10 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 11 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 12 been transcribed previously and that are relevant to a determination of the issues presented by the 13 petition. 14 4. If Petitioner wishes to respond to the Answer, Petitioner shall do so by filing a 15 Traverse with the court and serving it on Respondent within twenty-eight (28) days of 16 Petitioner’s receipt of the Answer. Should Petitioner fail to do so, the petition will be deemed 17 submitted and ready for decision twenty-eight (28) days after the date Petitioner is served with 18 Respondent’s Answer. 19 5. Respondent may file with this court and serve upon Petitioner, within sixty (60) 20 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 21 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 22 2254 Cases. If Respondent files a motion to dismiss, Petitioner shall file with the court and serve 23 on Respondent an opposition or statement of non-opposition to the motion within twenty-eight 24 (28) days of receipt of the motion, and Respondent shall file with the court and serve on Petitioner 25 a reply within fourteen (14) days of receipt of any opposition. 26 6. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the 27 court and Respondent informed of any change of address and must comply with the court’s orders 1 whose address changes while an action is pending must promptly file a notice of change of 2 address specifying the new address. See L.R. 3-11(a). The court may dismiss a pro se action 3 without prejudice when: (1) mail directed to the pro se party by the court has been returned to the 4 || court as not deliverable, and (2) the court fails to receive within sixty days of this return a written 5 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 6 Martinez v. Johnson,

(Sth Cir. 1997) (Rule 41(b) applicable in habeas cases). 7 || Petitioner must also serve on Respondent’s counsel all communications with the court by mailing 8 || atrue copy of the document to Respondent’s counsel. 9 7. Upon a showing of good cause, requests for a reasonable extension of time will be 10 || granted provided they are filed on or before the deadline they seek to extend. 11 IT IS SO ORDERED. e 12 Dated: October 24, 2019

14 DONNA M. RYU 5 United States Magistrate Judge 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ENRIQUE NUNES LOPEZ, 4 Case No. 4:19-cv-05788-DMR Plaintiff, 5 ‘ Vv. CERTIFICATE OF SERVICE

5 TAMMY FOSS, Defendant. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 That on October 24, 2019, ISERVED a true and correct copy(ies) of the attached, by 13 = placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. Q 16

17 || Enrique Nunes Lopez AW4709 Z 18 California Men's Colony PO Box 8103 19 San Luis Obispo, CA 93409-8103 20 21 Dated: October 24, 2019 22 23 Susan Y. Soong Clerk, United States District Court 25 26 By: 7 Ivy Lerma ja, Deputy Clerk to the Honorable DONNA M. RYU 28