Beal v. Schultz

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CHARLES-CLIFTON BEAL,
Petitioner,
v.
Andre Gonzales, Acting Warden,
Respondent.1
Case No. 26-cv-02855-AMO (PR)
ORDER GRANTING IN FORMA
PAUPERIS STATUS AND DIRECTING
RESPONDENT TO SHOW CAUSE
WHY THE PETITION SHOULD NOT
BE GRANTED
Re: Dkt. No. 7
Petitioner Charles-Clifton Beal, a state prisoner, has filed this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, representing himself. He also seeks leave to proceed in
forma pauperis. Dkt. 7. It does not appear from the face of the petition that it is without merit.
Good cause appearing, the Court hereby issues the following orders:
1. The petitioner’s application to proceed in forma pauperis is GRANTED. Dkt. 7.
2. The Clerk of the Court shall serve a copy of this order upon Respondent and
Respondent’s attorney, the Attorney General of the State of California, at the following email
addresses: SFAWTParalegals@doj.ca.gov and SFAGDocketing@doj.ca.gov. The petition and
the exhibits thereto are available via the Electronic Case Filing System for the Northern District of
California. The Clerk shall serve by mail a copy of this order on the petitioner.
3. Respondent shall file with this Court and serve upon the petitioner, within sixty
(60) days of the issuance of this Order, an Answer conforming in all respects to Rule 5 of the
Rules Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be
1 Andre Gonzales, the current acting warden of the prison where the petitioner is incarcerated, has
been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.
Case 4:26-cv-02855-AMO Document 8 Filed 10/13/26 Page 1 of 3

2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
issued. Respondent shall file with the Answer a copy of all portions of the relevant state records
that have been transcribed previously and that are relevant to a determination of the issues
presented by the petition.
4. If the petitioner wishes to respond to the Answer, he shall do so by filing a Traverse
with the Court and serving it on Respondent within sixty (60) days of his receipt of the Answer.
Should the petitioner fail to do so, the petition will be deemed submitted and ready for decision
sixty (60) days after the date the petitioner is served with Respondent’s Answer.
5. Respondent may file with this Court and serve upon the petitioner, within sixty
(60) days of the issuance of this Order, a motion to dismiss on procedural grounds in lieu of an
Answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section
2254 Cases. If Respondent files such a motion, the petitioner shall file with the Court and serve
on Respondent an opposition or statement of non-opposition to the motion within sixty (60) days
of receipt of the motion, and Respondent shall file with the Court and serve on the petitioner a
reply within fourteen (14) days of receipt of any opposition.
6. It is the petitioner’s responsibility to prosecute this case. He must keep the Court
and Respondent informed of any change of address and must comply with the Court’s orders in a
timely fashion. Pursuant to Northern District Local Rule 3-11 a self-represented party proceeding
whose address changes while an action is pending must promptly file a notice of change of
address specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a
petition when: (1) mail directed to the self-represented party by the Court has been returned to the
Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written
communication from the self-represented party indicating a current address. See L.R. 3-11(b); see
also Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (holding that Rule 41(b) is applicable
in habeas cases). The petitioner must also serve on Respondent’s counsel all communications
with the court by mailing a true copy of the document to Respondent’s counsel.
7. Future requests for extensions of time must be submitted at least seven (7) days
prior to the expiration of a deadline, as required by Section D.2 of the Court’s Standing Order for
Civil Cases.
Case 4:26-cv-02855-AMO Document 8 Filed 10/13/26 Page 2 of 3

3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
United States District Court
Northern District of California
8. Andre Gonzales has been substituted as Respondent pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure.
IT IS SO ORDERED.
Dated:
ARACELI MARTÍNEZ-OLGUÍN
United States District Judge
October 13, 2026
Case 4:26-cv-02855-AMO Document 8 Filed 10/13/26 Page 3 of 3