Stefanson v. Warden
Filing
4
ORDER TO SHOW CAUSE; Granting Leave To Proceed In Forma Pauperis. Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Earl W. Stefanson. Show Cause Response due by 10/3/2011.. Signed by Judge William Alsup on 7/5/11. (Attachments: # 1 Certificate of Service)(fj, COURT STAFF) (Filed on 7/6/2011)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
EARL W. STEFANSON,
11
For the Northern District of California
United States District Court
10
Petitioner,
ORDER TO SHOW CAUSE;
GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS
v.
12
13
No. C 11-2944 WHA (PR)
WARDEN,
(Docket No. 2)
Respondent.
14
/
15
16
INTRODUCTION
17
Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus
18
pursuant to 28 U.S.C. 2254. He has applied for leave to proceed in forma pauperis.
STATEMENT
19
In 2008, petitioner was convicted in Alameda County Superior Court of first-degree
20
21
murder, as well as various counts of false imprisonment, assault, battery, and torture. The trial
22
court sentenced him to two consecutive life terms in state prison, as well as a consecutive term
23
of eleven years. The California Court of Appeal affirmed the judgment on appeal, and the
24
California Supreme Court denied a petition for review.
25
ANALYSIS
26
A.
STANDARD OF REVIEW
27
This court may entertain a petition for writ of habeas corpus "in behalf of a person in
28
custody pursuant to the judgment of a State court only on the ground that he is in custody in
1
violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a); Rose
2
v. Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading
3
requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ
4
of habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state
5
court must “specify all the grounds for relief which are available to the petitioner ... and shall
6
set forth in summary form the facts supporting each of the grounds thus specified.” Rule 2(c) of
7
the Rules Governing Section 2254 Cases, 28 U.S.C. foll. 2254. “‘[N]otice’ pleading is not
8
sufficient, for the petition is expected to state facts that point to a ‘real possibility of
9
constitutional error.’” Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 431 F.2d
688, 689 (1st Cir. 1970)).
11
For the Northern District of California
United States District Court
10
B.
12
LEGAL CLAIMS
As grounds for federal habeas relief, petitioner claims that juror misconduct violated his
13
right to due process, to an impartial jury, and to confrontation. Petitioner’s claim, when
14
liberally construed, is cognizable.
15
CONCLUSION
16
1. The clerk shall mail a copy of this order and the petition with all attachments to the
17
respondent and the respondent's attorney, the Attorney General of the State of California. The
18
clerk shall also serve a copy of this order on the petitioner.
19
2. Respondent shall file with the court and serve on petitioner, within ninety days of the
20
issuance of this order, an answer conforming in all respects to Rule 5 of the Rules Governing
21
Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted based on
22
the claim found cognizable herein. Respondent shall file with the answer and serve on
23
petitioner a copy of all portions of the state trial record that have been transcribed previously
24
and that are relevant to a determination of the issues presented by the petition.
25
26
27
28
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 thirty days of the date the answer is filed.
3. Respondent may file, within ninety days, 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
2
1
Governing Section 2254 Cases. If respondent files such a motion, petitioner shall file with the
2
court and serve on respondent an opposition or statement of non-opposition within thirty days
3
of the date the motion is filed, and respondent shall file with the court and serve on petitioner a
4
reply within fifteen days of the date any opposition is filed.
5
4. Petitioner is reminded that all communications with the court must be served on
6
respondent by mailing a true copy of the document to respondent’s counsel. Petitioner must
7
keep the court informed of any change of address and must comply with the court's orders in a
8
timely fashion. Failure to do so may result in the dismissal of this action for failure to prosecute
9
pursuant to Federal Rule of Civil Procedure 41(b). See Martinez v. Johnson, 104 F.3d 769, 772
(5th Cir. 1997) (Rule 41(b) applicable in habeas cases).
11
For the Northern District of California
United States District Court
10
5. The motion to proceed in forma pauperis (docket number 2) is GRANTED.
12
IT IS SO ORDERED.
13
14
Dated: July
5
, 2011.
15
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
16
17
18
19
20
G:\PRO-SE\WHA\HC.11\STEFANSON2944.OSC.wpd
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?