Braun v. Holland

Filing 18

ORDER TO SHOW CAUSE, DIRECTING RESPONDENT TO FILE RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS. Habeas Answer or Dispositive Motion due by 10/15/2013. Signed by Judge Jon S. Tigar on August 14, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 8/14/2013)

Braun v. Holland

Doc. 18

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRUCE OLIVER BRAUN,

Case No. 12-cv-03633-JST

Petitioner,
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v.
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KIM HOLLAND,
Respondent.

ORDER TO SHOW CAUSE,
DIRECTING RESPONDENT TO FILE
RESPONSE TO PETITION FOR WRIT
OF HABEAS CORPUS

United States District Court
Northern District of California

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Petitioner Bruce Oliver Braun has filed a petition for a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. His petition is now before the Court for review pursuant to 28 U.S.C. § 2243

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and Rule 4 of the Rules Governing Section 2254 Cases.
This Court may entertain a petition for writ of habeas corpus “on behalf of a person in

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custody pursuant to the judgment of a State court only on the ground that he is in custody in

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violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). A

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district court considering an application for a writ of habeas corpus shall “award the writ or issue

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

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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).
The Court finds that the claims raised in the petition are cognizable in a federal habeas

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action.
The clerk shall serve by certified mail a copy of this order, the petition and all attachments
thereto upon respondent and respondent’s attorney, the Attorney General of the State of

Dockets.Justia.com

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

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the mailing address provided.

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Not more than 60 days from the date of this order, Respondent must file and serve upon

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petitioner either (1) an answer conforming in all respects to Rule 5 of the Rules Governing Section

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2254 Cases, showing cause why a writ of habeas corpus should not be issued and providing all

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other materials required by Habeas Local Rule 2254-6(b), or (2) a motion to dismiss, as set forth

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in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 cases, noticed

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for hearing pursuant to Civil Local Rule 7-2.
If Respondent files an answer, Petitioner shall respond to the answer by filing a traverse

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with the Court and serving it on respondent within thirty days of the date the answer is filed. If

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United States District Court
Northern District of California

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Respondent files a motion to dismiss, Petitioner shall file with the Court and serve on Respondent

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an opposition or statement of non-opposition within thirty days of the date the motion is filed.

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Respondent shall file with the Court and serve on petitioner any reply within fifteen days of the

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date any opposition is filed.

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IT IS SO ORDERED.
Dated: August 14, 2013

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______________________________________
JON S. TIGAR
United States District Judge

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