Douglas v. Dickinson et al

Filing 3

ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on June 17, 2011. (jswlc2, COURT STAFF) (Filed on 6/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENNETH MICHAEL DOUGLAS,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 11-00973 JSW

v.
KATHLEEN L DICKINSON,

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ORDER TO SHOW CAUSE

Defendant.
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On March 2, 2011, when Petitioner Kenneth Michael Douglas (“Douglas”) filed this

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. This Court may entertain a

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petition for habeas corpus on behalf of a person “in custody under or by color of the authority of

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the United States.” 28 U.S.C. § 2241(c)(1). The Court “shall forthwith award the writ or issue

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an order directing the respondent to show cause why the writ should not be granted, unless it

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appears from the application that the applicant or person detained is not entitled thereto.” 28

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U.S.C. § 2243.
BACKGROUND

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Douglas was convicted of two counts of assault with a deadly weapon and one court of

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attempted manslaughter, and was sentenced to a term of ten years. Douglas currently is in the

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custody of Respondent Kathleen L. Dickinson, Warden of the California Medical Facility in

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Vacaville, California.

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LEGAL CLAIMS

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Douglas seeks federal habeas corpus relief by way of raising a claim of ineffective

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assistance of counsel, thus depriving him of due process in violation of the Fifth Amendment.

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Liberally construed, the claims appear colorable under 28 U.S.C. § 2241 and merit an answer

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from Respondents.

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CONCLUSION

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For the foregoing reasons and for good cause shown:

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1.

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all attachments thereto upon Respondent and Respondent’s attorney, the

For the Northern District of California

United States District Court

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The Clerk shall serve by certified mail a copy of this Order and the petition, and

Attorney General of the State of California.
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Respondent shall file with the Court and serve on Douglas , within 60 days of the

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date of this Order, an answer conforming in all respects to Rule 5 of the Rules

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Governing Section 2254 Cases, showing cause why a writ of habeas corpus

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should not be issued. Respondent shall file with the answer and serve on

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Douglas a copy of all portions of the administrative record that are relevant to a

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determination of the issues presented by the petition.

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3.

If Douglas wishes to respond to the answer, he shall do so by filing a traverse

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with the Court and serving it on Respondent within 30 days of his receipt of the

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answer.

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IT IS SO ORDERED.

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Dated: June 17, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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