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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LIONEL SHELL,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 11-02515 JSW

v.
GREG LEWIS, Warden,

ORDER TO SHOW CAUSE

Respondent.
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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

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motor vehicle as well as special circumstances, and was sentenced to a term of life without

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possibility of parole with a consecutive term of 42 years to life. Shell currently is in the custody

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of Respondent Greg Lewis, Warden of Pelican Bay State Prison, in Crescent City, California.

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LEGAL CLAIMS

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Shell seeks habeas relief on the basis that his rights under the Due Process Clause of the

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14th Amendment to the United States Constitution were violated because the trial court denied

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his motion to disclose the identity of a confidential informant, gave improper jury instructions

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and the prosecutor misstated the law on the burden of proof. Liberally construed, the claim

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appears potentially colorable under 28 U.S.C. § 2254 and merit an answer 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.

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

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

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Attorney General of the State of California.

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2.

Respondent shall file with the Court and serve on Shell, 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 Shell a
copy of all portions of the administrative record that are relevant to a

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For the Northern District of California

United States District Court

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determination of the issues presented by the petition.

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3.

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

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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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