Wilson v. Hedgpeth

Filing 2

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

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLENN FLYNN WILSON,

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United States District Court
For the Northern District of California

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No. C 11-5335 SI

Petitioner,

ORDER TO SHOW CAUSE

v.
ANTHONY HEDGPETH, Warden of the Salinas
Valley State Prison,
Respondent.

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Petitioner Glenn Flynn Wilson has filed a petition for a writ of habeas corpus pursuant to 28
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U.S.C. § 2254. His petition is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule
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4 of the Rules Governing Section 2254 Cases.
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This Court may entertain a petition for writ of habeas corpus “in behalf of a person in custody
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pursuant to the judgment of a State court only on the ground that he is in custody in violation of the
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Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). A district court considering
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an application for a writ of habeas corpus shall “award the writ or issue an order directing the
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respondent to show cause why the writ should not be granted, unless it appears from the application that
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the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal is
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appropriate only where the allegations in the petition are vague or conclusory, palpably incredible, or
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patently frivolous or false. See Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990).
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Petitioner claims that the state courts unreasonably rejected his claim that the trial court violated
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his Sixth and Fourteenth Amendment rights to present a complete defense when the trial court failed
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to give certain jury instructions. The Court finds that the claim raised in the petition is cognizable in
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a federal habeas action. The clerk shall serve by certified mail a copy of this order, the petition and all

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attachments thereto upon respondent and respondent’s attorney, the Attorney General of the State of

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California. The clerk shall also serve a copy of this order on petitioner and petitioner’s counsel at the

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mailing address provided.

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Respondent must file and serve upon petitioner, on or before March 12, 2012, an answer

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conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why

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

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portions of the transcript that have been previously transcribed and that are relevant to a determination

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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

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filing a traverse with the Court and serving it on respondent on or before April 30, 2012.

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IT IS SO ORDERED.

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Dated: December 19, 2011
SUSAN ILLSTON
United States District Judge

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