Shell v. Lewis

Filing 2

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 LIONEL SHELL, 11 For the Northern District of California United States District Court 10 12 13 Petitioner, No. C 11-02515 JSW v. GREG LEWIS, Warden, ORDER TO SHOW CAUSE Respondent. / 14 15 16 17 18 On May 24, 2011, Petitioner Lionel Shell (“Shell”), a state prisoner, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. BACKGROUND Shell was convicted of first-degree murder, of attempted murder, and of shooting from a 19 motor vehicle as well as special circumstances, and was sentenced to a term of life without 20 possibility of parole with a consecutive term of 42 years to life. Shell currently is in the custody 21 of Respondent Greg Lewis, Warden of Pelican Bay State Prison, in Crescent City, California. 22 LEGAL CLAIMS 23 Shell seeks habeas relief on the basis that his rights under the Due Process Clause of the 24 14th Amendment to the United States Constitution were violated because the trial court denied 25 his motion to disclose the identity of a confidential informant, gave improper jury instructions 26 and the prosecutor misstated the law on the burden of proof. Liberally construed, the claim 27 appears potentially colorable under 28 U.S.C. § 2254 and merit an answer from Respondents. 28 1 CONCLUSION 2 For the foregoing reasons and for good cause shown: 3 1. The Clerk shall serve by certified mail a copy of this Order and the petition, and 4 all attachments thereto upon Respondent and Respondent’s attorney, the 5 Attorney General of the State of California. 6 2. Respondent shall file with the Court and serve on Shell, within 60 days of the 7 date of this Order, an answer conforming in all respects to Rule 5 of the Rules 8 Governing Section 2254 Cases, showing cause why a writ of habeas corpus 9 should not be issued. Respondent shall file with the answer and serve on Shell a copy of all portions of the administrative record that are relevant to a 11 For the Northern District of California United States District Court 10 determination of the issues presented by the petition. 12 3. If Shell wishes to respond to the answer, he shall do so by filing a traverse with 13 the Court and serving it on Respondent within 30 days of his receipt of the 14 answer. 15 16 IT IS SO ORDERED. 17 18 Dated: June 17, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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