Dorton v. Tewes

Filing 8

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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MINDY LEE DORTON,

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No. C 11-4074 SI (pr)

Petitioner,

ORDER TO SHOW CAUSE

v.
Warden TEWES,
Respondent.
/

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Mindy Lee Dorton, a prisoner currently incarcerated at the Federal Correctional

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Institution in Dublin, California, has filed a pro se petition for a writ of habeas corpus pursuant

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to 28 U.S.C. § 2241.

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A district court may entertain a petition for writ of habeas corpus challenging the

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execution of a federal sentence by a person who is "in custody in violation of the Constitution

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or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3). It shall "award the writ or

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issue an order directing the respondent to show cause why the writ should not be granted, unless

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it appears from the application that the applicant or person detained is not entitled thereto." 28

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U.S.C. § 2243. Summary dismissal is appropriate only where the allegations in the petition are

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vague or conclusory, palpably incredible, or patently frivolous or false. See Hendricks v.

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Vasquez, 908 F.2d 490, 491 (9th Cir. 1990) (citation omitted).

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Dorton's petition alleges that the Bureau of Prisons has miscalculated the pre-sentencing

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time credits to which she is entitled under 18 U.S.C. § 3585, and that such miscalculation will

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cause her to spend more time in prison than is proper under her sentence. Liberally construed,

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the allegations state a cognizable claim for habeas relief for a federal prisoner.

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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 all

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attachments thereto, upon respondent, respondent's attorney, the United States Attorney for the

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Northern District of California, and the Attorney General of the United States in Washington,

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D.C. The clerk also shall serve a copy of this order upon petitioner.

United States District Court
For the Northern District of California

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2.

Respondent must file and serve upon petitioner no later than January 13, 2012,

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an answer responding to the allegations in the petition and showing cause why a writ of habeas

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corpus should not be issued. Respondent must file with the answer a copy of all documents that

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are relevant to a determination of the issues presented in the petition.

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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

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