Manai v. Cates

Filing 18

ORDER TO SHOW CAUSE. Signed by Judge Charles R. Breyer on 12/17/2013. (crblc1, COURT STAFF) (Filed on 12/17/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 12-04399 CRB SLIM MANAI, ORDER TO SHOW CAUSE Plaintiff, v. MATHEW CATES, Defendant. / 16 17 Petitioner Slim Manai, a state prisoner incarcerated at the California Men’s Colony 18 State Prison in San Luis Obispo, California, has filed a petition for a writ of habeas corpus 19 under 28 U.S.C. § 2254. See generally Petition (dkt. 17). Petitioner was convicted of first 20 degree burglary of a home with intent to commit a felony, oral copulation against the 21 victims’ will(s), sexual battery using physical restraint, assault with a deadly weapon, 22 criminal threat, and assault with a deadly weapon. Id. at 3, 16. Petitioner argues that there 23 are four grounds for relief: (1) that the trial court erred in precluding the defense from 24 inquiring into evidence that the complaining witnesses were involved in a romantic 25 relationship; (2) that the trial court’s refusal to replace a biased juror denied Petitioner his 26 right to an impartial jury; (3) that the trial court’s admission of evidence of Petitioner’s 27 foreign crime violated his right to a fair trial; and (4) that the cumulative effect of the trial 28 court’s errors denied him his right to a fair trial. Id. at 19-58. 1 This court may entertain a petition for a writ of habeas corpus “in behalf of a person in 2 custody pursuant to the judgment of a State court only on the ground that he is in custody in 3 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). It 4 shall “award the writ or issue an order directing the respondent to show cause why the writ 5 should not be granted, unless it appears from the application that the applicant or person 6 detained is not entitled thereto.” Id. § 2243. 7 Good cause appearing therefor, the Government is hereby ORDERED to file an 8 opposition to Petitioner’s motion within 60 days of this Order. Petitioner may file a response 9 within 30 days thereafter, if he wishes to do so. United States District Court For the Northern District of California 10 IT IS SO ORDERED. 11 12 Dated: December 17, 2013 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2012\4399\osc.frm 2

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