Serrato v. Clark et al

Filing 3

ORDER TO SHOW CAUSE. Signed by Judge Charles Breyer on September 6, 2005. (crblc2, COURT STAFF) (Filed on 9/7/2005)

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Serrato v. Clark et al Doc. 3 Case 3:05-cv-03416-CRB Document 3 Filed 09/07/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 I N THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA U n it e d United States District Court 11 12 For the Northern District of California N O R A LUZ SERRATO, Petitioner, v. SC HE LIA A. CLARK, et al., Respondents. / N o . C 05-03416 CRB O R D E R TO SHO W CAUSE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P e t i ti o n e r , who is incarcerated in the Federal Correctional Institution in Dublin, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. sections 2241 and 2242. Petitioner claims that respondents' cancellation of the federal government's Shock Incarc eration Program was arbitrary and capricious and deprived her of rights guaranteed to h e r under the federal laws and Constitution. A district court shall "award the writ or issue an order directing the respondent to s h o w cause why the writ should not be granted, unless it appears from the application that the a p p l i ca n t or person detained is not entitled thereto." 28 U.S.C. 2243. Summary dismissal is appropriate only where the allegations in the petition are vague or conclusory, palpably incr edib le, or patently frivolous or false. Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1 9 9 0 ) (quoting Blackledge v. Allison, 431 U.S. 63, 75-76 (1977)). The Court has reviewed the petition and finds good cause to proceed. Accordingly, Dockets.Justia.com Case 3:05-cv-03416-CRB Document 3 Filed 09/07/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 1. T h e Clerk of the Court shall serve by certified mail a copy of this Order and the p e t i ti o n and all attachments thereto upon the respondents and the respondents' counsel. The Cle rk shall also serve a copy of this Order on the petitioner's counsel. 2. Res pon dents shall file with this Court and serve upon the petitioner, within s i x ty (60) days of the issuance of this Order an answer showing cause why a writ of habeas cor pus should not be issued. 3. I f the petitioner wishes to respond to the answer, he shall do so by filing a t r a v e rs e with the court and serving it upon the respondents within thirty (30) days of her rece ipt of the answer. IT IS SO ORDERED. United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D a t e d : September 6, 2005 CHARLES R. BREYER U N I TE D STATES DISTRICT JUDGE G:\CRBALL\2005\3416\osc.wpd 2

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