Manson v. Grounds

Filing 2

ORDER TO SHOW CAUSE Habeas Answer due by 4/5/2013.. Signed by Judge Charles R. Breyer on 2/1/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/4/2013)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 13 SHAWN W. MANSON, AH8037, Petitioner, 14 15 16 17 vs. RANDY GROUNDS, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 12-6043 CRB (PR) ORDER TO SHOW CAUSE 18 19 Petitioner, a state prisoner housed at Salinas Valley State Prison (SVSP), 20 has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 21 challenging a conviction from Santa Clara County Superior Court. 22 23 BACKGROUND Petitioner was convicted by a jury of two counts of lewd acts on a child 24 under 14, Cal. Penal Code § 288(a), and one count of forcible lewd acts on a 25 child, id. § 288(b)(1). The jury also found that petitioner committed a sexual 26 offense against more than one victim within the meaning of California Penal 27 Code section 667.61. On June 30, 2011, the court sentenced petitioner to three 28 consecutive terms of 15 years to life. 1 Petitioner unsuccessfully appealed his conviction to the California Court 2 of Appeal and the Supreme Court of California, which on September 12, 2012 3 denied review of a petition allegedly raising the same claims raised here. DISCUSSION 4 5 A. Standard of Review This court may entertain a petition for a writ of habeas corpus "in behalf 6 7 of a person in custody pursuant to the judgment of a State court only on the 8 ground that he is in custody in violation of the Constitution or laws or treaties of 9 the United States." 28 U.S.C. § 2254(a). 10 It shall "award the writ or issue an order directing the respondent to show 11 cause why the writ should not be granted, unless it appears from the application 12 that the applicant or person detained is not entitled thereto." Id. § 2243. 13 B. 14 Claims Petitioner seeks federal habeas corpus relief on the grounds that (1) the 15 evidence was insufficient to support the forcible-lewd-acts conviction involving 16 Stephanie Doe, and (2) the trial court prejudicially erred in admitting testimony 17 regarding Child Sexual Abuse Accommodation Syndrome (CSAAS). Liberally 18 construed, the claims appear cognizable under § 2254 and merit an answer from 19 respondent. See Zichko v. Idaho, 247 F.3d 1015, 1020 (9th Cir. 2001) (federal 20 courts must construe pro se petitions for writs of habeas corpus liberally). 21 CONCLUSION 22 For the foregoing reasons and for good cause shown, 23 1. The clerk shall serve a copy of this order and the petition and all 24 attachments thereto on respondent and respondent's attorney, the Attorney 25 General of the State of California. The clerk also shall serve a copy of this order 26 on petitioner. 27 28 2 1 2. Respondent shall file with the court and serve on petitioner, within 2 60 days of the issuance of this order, an answer conforming in all respects to Rule 3 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of 4 habeas corpus should not be granted. Respondent shall file with the answer and 5 serve on petitioner a copy of all portions of the state trial record that have been 6 transcribed previously and that are relevant to a determination of the issues 7 presented by the petition. 8 9 10 11 If petitioner wishes to respond to the answer, he shall do so by filing a traverse with the court and serving it on respondent within 30 days of his receipt of the answer. 3. Respondent may file a motion to dismiss on procedural grounds in 12 lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the 13 Rules Governing Section 2254 Cases. If respondent files such a motion, 14 petitioner must serve and file an opposition or statement of non-opposition not 15 more than 28 days after the motion is served and filed, and respondent must serve 16 and file a reply to an opposition not more than 14 days after the opposition is 17 served and filed. 18 4. Petitioner is reminded that all communications with the court must 19 be served on respondent by mailing a true copy of the document to respondent's 20 counsel. Petitioner must also keep the court and all parties informed of any 21 change of address. 22 SO ORDERED. 23 DATED: Feb. 1, 2013 CHARLES R. BREYER United States District Judge 24 25 26 G:\PRO-SE\CRB\HC.12\Manson, S.12-6043.osc.wpd 27 28 3

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