Brooks v. Walker

Filing 7

ORDER. Signed by Judge Charles R. Breyer on 10/15/09. (be, COURT STAFF) (Filed on 10/1/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JERMAINE D. BROOKS, Petitioner, vs. J. WALKER, Warden, Respondent.

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No. C 09-1355 CRB (PR) ORDER

On July 17, 2009, the court (White, J.) ordered respondent to show cause, within 60 days, as to why a writ of habeas corpus under 28 U.S.C. § 2254 should not be granted as to the following four claims ­ (1) the trial court committed Batson error; (2) petitioner's

sentence of life without the possibility of parole constitutes cruel and unusual punishment; (3) admission of pre-trial statements of witness Chandler that were described as "credible" and "accurate" violated petitioner's Sixth Amendment rights; and (4) prosecutorial misconduct violated petitioner's rights to due process and a fair trial. On August 7, 2009, the case was reassigned to the undersigned and various deadlines were vacated. In order to expedite this matter, the court orders as follows: 1. Respondent shall file with the court and serve on petitioner, within 30 days

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 granted.

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Respondent shall file with the answer and serve on petitioner a copy of all portions of the state trial record that have been transcribed previously and that are relevant to a determination of the issues presented by the petition. 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. 2. Respondent may file 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, petitioner shall file with the court and serve on respondent an opposition or statement of non-opposition within 30 days of receipt of the motion, and respondent shall file with the court and serve on petitioner a reply within 15 days of receipt of any opposition. 3. Petitioner is reminded that all communications with the court must be

served on respondent by mailing a true copy of the document to respondent's counsel. Petitioner must also keep the court and all parties informed of any change of address.
SO ORDERED. DATED: Oct. 15, 2009 CHARLES R. BREYER United States District Judge

G:\PRO-SE\CRB\HC.09\Brooks, J1.or1.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JERMAINE D. BROOKS, Plaintiff, v. J. WALKER et al, Defendant. /

Case Number: CV09-01355 CRB CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 15, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Jermaine D. Brooks V84088 P.O. Box 290066 Represa, CA 95671 Dated: October 15, 2009 Richard W. Wieking, Clerk By: Barbara Espinoza, Deputy Clerk