Dorton v. Tewes

Filing 8

ORDER TO SHOW CAUSE (Illston, Susan) (Filed on 12/12/2011)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 MINDY LEE DORTON, 11 12 13 14 No. C 11-4074 SI (pr) Petitioner, ORDER TO SHOW CAUSE v. Warden TEWES, Respondent. / 15 16 Mindy Lee Dorton, a prisoner currently incarcerated at the Federal Correctional 17 Institution in Dublin, California, has filed a pro se petition for a writ of habeas corpus pursuant 18 to 28 U.S.C. § 2241. 19 A district court may entertain a petition for writ of habeas corpus challenging the 20 execution of a federal sentence by a person who is "in custody in violation of the Constitution 21 or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3). It shall "award the writ or 22 issue an order directing the respondent to show cause why the writ should not be granted, unless 23 it appears from the application that the applicant or person detained is not entitled thereto." 28 24 U.S.C. § 2243. Summary dismissal is appropriate only where the allegations in the petition are 25 vague or conclusory, palpably incredible, or patently frivolous or false. See Hendricks v. 26 Vasquez, 908 F.2d 490, 491 (9th Cir. 1990) (citation omitted). 27 28 1 Dorton's petition alleges that the Bureau of Prisons has miscalculated the pre-sentencing 2 time credits to which she is entitled under 18 U.S.C. § 3585, and that such miscalculation will 3 cause her to spend more time in prison than is proper under her sentence. Liberally construed, 4 the allegations state a cognizable claim for habeas relief for a federal prisoner. 5 For the foregoing reasons and for good cause shown, 6 1. The clerk shall serve by certified mail a copy of this order and the petition, and all 7 attachments thereto, upon respondent, respondent's attorney, the United States Attorney for the 8 Northern District of California, and the Attorney General of the United States in Washington, 9 D.C. The clerk also shall serve a copy of this order upon petitioner. United States District Court For the Northern District of California 10 2. Respondent must file and serve upon petitioner no later than January 13, 2012, 11 an answer responding to the allegations in the petition and showing cause why a writ of habeas 12 corpus should not be issued. Respondent must file with the answer a copy of all documents that 13 are relevant to a determination of the issues presented in the petition. 14 15 16 17 18 3. If petitioner wishes to respond to the answer, she must file and serve on respondent her traverse no later than February 17, 2012. IT IS SO ORDERED. Dated: December 12, 2011 _____________________ SUSAN ILLSTON United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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