Hall v. Virga

Filing 9

ORDER to Show Cause. Respondent to file and serve upon Petitioner his Answer by 12/20/2013. Petitioner to file and serve upon Respondent his Traverse by 1/31/2014. Signed by Judge Edward M. Chen on 10/25/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 10/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONTRELL HALL,

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Petitioner,
v.

ORDER TO SHOW CAUSE

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For the Northern District of California

United States District Court

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No. C-13-2531 EMC (pr)

T. VIRGA, Warden,

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Respondent.
___________________________________/

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I.

INTRODUCTION

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Petitioner, an inmate at the California State Prison - Solano, filed this pro se action seeking a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition is now before the Court for review

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pursuant to 28 U.S.C. §2243 and Rule 4 of the Rules Governing Section 2254 Cases in the United

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States District Courts.

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II.

BACKGROUND

The petition provides the following information: Petitioner was convicted in Contra Costa

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County Superior Court of first degree murder, first degree robbery, residential burglary, and was

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found to have acted in concert in the commission of those crimes. On October 23, 2009, Petitioner

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was sentenced to a term of life imprisonment without the possibility of parole. He unsuccessfully

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appealed his conviction. Petitioner also filed one or more petitions for writ of habeas corpus in state

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court that were unsuccessful. Petitioner then filed this action.

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III.

DISCUSSION

This Court may entertain a petition for writ of habeas corpus “in 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 an

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

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from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243.

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The petition alleges one claim, i.e., that Petitioner received ineffective assistance of appellate

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counsel in that appellate counsel failed to challenge trial counsel’s ineffectiveness in failing to object
to sentencing errors. Liberally construed, the claim is cognizable in a federal habeas action.

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For the Northern District of California

United States District Court

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IV.

CONCLUSION

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For the foregoing reasons,

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1.

The petition warrants a response.

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2.

The Clerk shall serve by mail a copy of this order, the petition and all attachments

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thereto upon Respondent and Respondent’s attorney, the Attorney General of the State of California.

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The Clerk shall also serve a copy of this order on Petitioner.

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3.

Respondent must file and serve upon Petitioner, on or before December 20, 2013, an

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

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

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copy of all portions of the court proceedings that have been previously transcribed and that are

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relevant to a determination of the issues presented by the petition.

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4.

If Petitioner wishes to respond to the answer, he must do so by filing a traverse with

the Court and serving it on Respondent on or before January 31, 2014.
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Petitioner is responsible for prosecuting this case. Petitioner must promptly keep the

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Court informed of any change of address and must comply with the Court’s orders in a timely

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fashion.

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6.

Petitioner is cautioned that he must include the case name and case number for this

case on any document he submits to the Court for consideration in this case.
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Petitioner’s in forma pauperis application is GRANTED. (Docket # 8.)

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IT IS SO ORDERED.

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Dated: October 25, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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