Wilson v. Hedgpeth

Filing 2

ORDER TO SHOW CAUSE (Illston, Susan) (Filed on 12/19/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 GLENN FLYNN WILSON, 9 United States District Court For the Northern District of California 10 11 12 13 No. C 11-5335 SI Petitioner, ORDER TO SHOW CAUSE v. ANTHONY HEDGPETH, Warden of the Salinas Valley State Prison, Respondent. / 14 Petitioner Glenn Flynn Wilson has filed a petition for a writ of habeas corpus pursuant to 28 15 U.S.C. § 2254. His petition is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 16 4 of the Rules Governing Section 2254 Cases. 17 This Court may entertain a petition for writ of habeas corpus “in behalf of a person in custody 18 pursuant to the judgment of a State court only on the ground that he is in custody in violation of the 19 Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). A district court considering 20 an application for a writ of habeas corpus shall “award the writ or issue an order directing the 21 respondent to show cause why the writ should not be granted, unless it appears from the application that 22 the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal is 23 appropriate only where the allegations in the petition are vague or conclusory, palpably incredible, or 24 patently frivolous or false. See Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). 25 Petitioner claims that the state courts unreasonably rejected his claim that the trial court violated 26 his Sixth and Fourteenth Amendment rights to present a complete defense when the trial court failed 27 to give certain jury instructions. The Court finds that the claim raised in the petition is cognizable in 28 1 a federal habeas action. The clerk shall serve by certified mail a copy of this order, the petition and all 2 attachments thereto upon respondent and respondent’s attorney, the Attorney General of the State of 3 California. The clerk shall also serve a copy of this order on petitioner and petitioner’s counsel at the 4 mailing address provided. 5 Respondent must file and serve upon petitioner, on or before March 12, 2012, an answer 6 conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why 7 a writ of habeas corpus should not be issued. Respondent must file with the answer a copy of all 8 portions of the transcript that have been previously transcribed and that are relevant to a determination 9 of the issues presented by the petition. If petitioner wishes to respond to the answer, he must do so by United States District Court For the Northern District of California 10 filing a traverse with the Court and serving it on respondent on or before April 30, 2012. 11 12 IT IS SO ORDERED. 13 14 Dated: December 19, 2011 SUSAN ILLSTON United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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