Pathak v. Chertoff et al Doc.

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Case 3:07-cv-04691-TEH Document 3 Filed 09/13/2007 Page 1 of 2

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5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MAHESH KUMAR PATHAK,
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Petitioner, NO. C07-4691 TEH
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v. ORDER TO SHOW CAUSE
United States District Court

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MICHAEL CHERTOFF, et al.,
For the Northern District of California

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Respondents.
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15 The Court is in receipt of Petitioner Mahesh Kumar Pathak’s petition for writ of
16 habeas corpus pursuant to 28 U.S.C. § 2241. Because it does not “appear[] from the
17 application” that Petitioner is not entitled to habeas relief, the Court hereby orders
18 Respondents “to show cause why the writ should not be granted.” 28 U.S.C. § 2243.
19 Accordingly, IT IS HEREBY ORDERED that:
20 1. The Clerk of the Court shall serve by certified mail a copy of this order upon
21 Respondents’ counsel, the United States Attorney for the Northern District of California.
22 This case has been designated for electronic filing, and Respondents’ counsel can therefore
23 access the petition via the Court’s electronic case filing (“ECF”) system.
24 2. On or before Monday, October 15, 2007, Respondents shall file and serve an
25 answer showing cause why this Court should not issue a writ of habeas corpus. In addition,
26 Respondents shall file with his answer a copy of all portions of the administrative record that
27 have been transcribed previously and that are relevant to a determination of the issues
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 Case 3:07-cv-04691-TEH Document 3 Filed 09/13/2007 Page 2 of 2

1 3. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse

2 with the Court and serving it upon Respondents on or before Tuesday, November 13, 2007.
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4 IT IS SO ORDERED.
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6 Dated: 09/13/07
THELTON E. HENDERSON, JUDGE
7 UNITED STATES DISTRICT COURT
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United States District Court

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For the Northern District of California

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