Fransway v. Kane

Filing 11

ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on October 24, 2006. (jswlc2, COURT STAFF) (Filed on 10/24/2006)

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Fransway v. Kane Doc. 11 Case 3:06-cv-06457-JSW Document 11 Filed 10/24/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STEPHEN FRANSWAY, Petitioner, v. ANTHONY P. KANE, Warden, Respondent. / ORDER TO SHOW CAUSE No. C 06-06457 JSW United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, Stephen Fransway, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. BACKGROUND Petitioner pled guilty to first degree murder with use of a firearm and was sentenced to life with possibility of parole at seven years. LEGAL CLAIMS Petitioner does not challenge the validity of his underlying conviction or the resulting sentence. Rather, Petitioner seeks federal habeas corpus relief by raising the claim that the California Board of Prison Terms has violated his due process rights under the Ex Post Facto Clause and has violated the Due Process Clause and Equal Protection Clause of the 14th Amendment to the United States Constitution by its repeated denials of parole to Petitioner. Liberally construed, the claims appear potentially colorable under 28 U.S.C. 2254 and merit an answer from Respondent. Dockets.Justia.com Case 3:06-cv-06457-JSW Document 11 Filed 10/24/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 2. CONCLUSION For the foregoing reasons and for good cause shown: 1. Petitioner shall serve by certified mail a copy of this Order and the petition and all attachments thereto upon Respondent. Respondent shall file with the Court and serve on Petitioner, within 60 days of the date 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 issued. Respondent shall file with the answer and serve on Petitioner a copy of all portions of the administrative record that are relevant to a determination of the issues presented by the petition. 3. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the Court and serving it on Respondent within 30 days of his receipt of the answer. IT IS SO ORDERED. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 24, 2006 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 2

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