Moore v. Swarthout

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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EDWAUN VICTOR MOORE,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 11-02905 JSW

v.
GARY SWARTHOUT, Warden,

ORDER TO SHOW CAUSE

Respondent.
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On June 14, 2011, Petitioner Edwaun Victor Moore (“Moore”), a state prisoner, filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.

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BACKGROUND
Moore was convicted of second-degree murder and of firing at an inhabited dwelling,

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and was sentenced to a term of 15 years and a consecutive term of 15 years to life. Moore

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currently is in the custody of Respondent Gary Swarthout, Warden of California State Prison

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Solano, in Vacaville, California.
LEGAL CLAIMS

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

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

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gave improper jury instructions which prevented the jury from considering self-defense.

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Liberally construed, the claim appears potentially colorable under 28 U.S.C. § 2254 and merit

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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 Moore, 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 Moore
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 Moore 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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