Quant v. People of California

Filing 4

ORDER TO SHOW CAUSE. Habeas Answer due by 1/25/2013.Signed by Judge Charles R. Breyer on 11/26/2012. (crblc2, COURT STAFF) (Filed on 11/26/2012)

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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 ARMANDO QUANT, 12 Plaintiff, 13 14 15 No. C 12-5736 CRB ORDER TO SHOW CAUSE v. PEOPLE OF CALIFORNIA, Defendant. / 16 17 Petitioner, who claims he is in the custody of the California Department of 18 Corrections on account of a 2009 conviction and sentence, has filed a petition for a writ of 19 habeas corpus, 28 U.S.C. section 2254, challenging a 2000 California state conviction he 20 says was used as a predicate to enhance his 2009 sentence. 21 This Court may entertain a petition for a writ of habeas corpus “in behalf of a person 22 in custody pursuant to the judgment of a State court only on the ground that he is in custody 23 in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); 24 Rose v. Hodges, 423 U.S. 19, 21 (1975). 25 A district court shall “award the writ or issue an order directing the respondent to 26 show cause why the writ should not be granted, unless it appears from the application that the 27 applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal 28 is appropriate only where the allegations in the petition are vague or conclusory, palpably incredible, or patently frivolous or false. Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1 2 3 1990) (quoting Blackledge v. Allison, 431 U.S. 63, 75-76 (1977)). The Court has reviewed the petition and finds good cause to proceed. Accordingly, 1. The Clerk of the Court shall serve by certified mail a copy of this Order 4 and the petition and all attachments thereto upon the Respondents and 5 the Respondents’ counsel, the Attorney General of the State of 6 California. The Clerk shall also serve a copy of this Order on the 7 Petitioner. 8 2. Respondents shall file with this Court and serve upon the Petitioner, within sixty (60) days of the issuance of this Order, an answer 9 United States District Court For the Northern District of California 10 conforming in all respects to Rule 5 of the Rules Governing Section 11 2254 Cases, showing cause why a writ of habeas corpus should not be 12 issued. Respondent shall file with the answer a copy of all portions of 13 the state trial and appellate record that have been transcribed previously 14 and that are relevant to a determination of the issues presented by the 15 petition. 16 3. If the Petitioner wishes to respond to the answer, he shall do so by filing 17 a traverse with the court and serving it upon the Respondents within 18 thirty (30) days of his receipt of the answer. 19 IT IS SO ORDERED. 20 21 22 23 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: November 26, 2012 24 25 26 27 28 G:\CRBALL\2012\5736\osc.wpd 2

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