Bibbs v. Curry

Filing 5

ORDER to Show Cause. Signed by Judge Jeffrey S. White on November 14, 2008. (jswlc1, COURT STAFF) (Filed on 11/14/2008)

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1 2 3 4 5 6 7 8 9 10 ALBERT BIBBS, Petitioner, v. BEN CURRY, Warden, and BOARD OF PAROLE HEARINGS, ARNOLD SCHWARZENEGGER, Real Parties in Interest, Respondents. / ORDER TO SHOW CAUSE No. C 08-04377 JSW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 Movant, Albert Bibbs, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. BACKGROUND Petitioner was convicted by a jury of one count of attempted willful, deliberate and premeditated murder (Cal. Penal Code 187, 664) and was sentenced to life plus five years, with enhancements pursuant to California Penal Code 12022.7 and 12022.55. 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 Parole Hearings has violated the Due Process Clause of the 14th Amendment to the United States Constitution by its repeated denials of parole to Petitioner. 1 2 3 4 5 6 7 8 9 10 Liberally construed, the claim appears potentially colorable under 28 U.S.C. 2254 and merit an answer from Respondents. 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 Respondents. 2. Respondents 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. Respondents 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 Respondents 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: November 14, 2008 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 2

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