1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 EDDIE DUNBAR, 8 Case No. 22-cv-09121-TLT (PR) Petitioner, 9 ORDER GRANTING IN FORMA v. PAUPERIS STATUS AND DIRECTING 10 RESPONDENT TO SHOW CAUSE JIM ROBERTSON, Warden, 11 WHY THE PETITION SHOULD NOT Respondent. BE GRANTED 12

13 Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 14

. Petitioner also seeks leave to proceed in forma pauperis. Based on Petitioner’s 15 affidavit of poverty, this request will be granted. 16 It does not appear from the face of the petition that it is without merit. Good cause 17 appearing, the Court hereby issues the following orders: 18 1. Petitioner’s application to proceed in forma pauperis is GRANTED. 19 2. The Clerk of the Court shall serve electronically a copy of this order upon 20 Respondent and Respondent’s attorney, the Attorney General of the State of California, at the 21 following email addresses: [email protected] and [email protected]. 22 The petition and the exhibits thereto are available via the Electronic Case Filing System for the 23 Northern District of California. The Clerk shall serve by mail a copy of this order on Petitioner. 24 3. Respondent shall file with this court and serve upon Petitioner, within sixty (60) 25 days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the Rules 26 Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be issued. 27 Respondent shall file with the Answer a copy of all portions of the relevant state records that have 1 petition. 2 4. If Petitioner wishes to respond to the Answer, Petitioner shall do so by filing a 3 Traverse with the court and serving it on Respondent within twenty-eight (28) days of 4 Petitioner’s receipt of the Answer. Should Petitioner fail to do so, the petition will be deemed 5 submitted and ready for decision twenty-eight (28) days after the date Petitioner is served with 6 Respondent’s Answer. 7 5. Respondent may file with this court and serve upon Petitioner, within sixty (60) 8 days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an 9 Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 10 2254 Cases. If Respondent files a motion to dismiss, Petitioner shall file with the court and serve 11 on Respondent an opposition or statement of non-opposition to the motion within twenty-eight 12 (28) days of receipt of the motion, and Respondent shall file with the court and serve on Petitioner 13 a reply within fourteen (14) days of receipt of any opposition. 14 6. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the 15 court and Respondent informed of any change of address and must comply with the court’s orders 16 in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se 17 whose address changes while an action is pending must promptly file a notice of change of 18 address specifying the new address. See L.R. 3-11(a). The court may dismiss a pro se action 19 without prejudice when: (1) mail directed to the pro se party by the court has been returned to the 20 court as not deliverable, and (2) the court fails to receive within sixty days of this return a written 21 communication from the pro se party indicating a current address. See L.R. 3-11(b); see also 22 Martinez v. Johnson,

(5th Cir. 1997) (Rule 41(b) applicable in habeas cases). 23 Petitioner must also serve on Respondent’s counsel all communications with the court by mailing 24 a true copy of the document to Respondent’s counsel. 25 /// 26 /// 27 /// 1 7. Upon a showing of good cause, requests for a reasonable extension of time will be 2 || granted provided they are filed on or before the deadline they seek to extend. 3 IT IS SO ORDERED. 4 Dated: May 31, 2023 hog 5 : ON United States District Judge 6 7 8 9 10 11 12

13

© 15 16

= 17

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