Jackson v. Contra Costa County Superior Court

Filing 5

ORDER TO SHOW CAUSE, granting 4 MOTION for Leave to Proceed in forma pauperis filed by Tommie Lee Jackson, 2 MOTION for Leave to Proceed in forma pauperis filed by Tommie Lee Jackson. Habeas Answer or Dispositive Motion due by 2/18/2014.. Signed by Judge Charles R. Breyer on 12/13/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 12/17/2013)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 TOMMIE LEE JACKSON, AK2465, 11 Petitioner, 12 13 14 vs. P. D. BRAZELTON, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 13-4883 CRB (PR) ORDER TO SHOW CAUSE (Docket #2 & 4) 15 16 Petitioner, a state prisoner incarcerated at Pleasant Valley State Prison, has 17 filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 18 challenging a conviction from Contra Costa County Superior Court. He also 19 seeks to proceed in forma pauperis under 28 U.S.C. § 1915. 20 BACKGROUND 21 Petitioner was convicted by a jury of six counts of lewd conduct toward a 22 child. The court also found that petitioner had suffered two prior serious felony 23 convictions and other felony convictions. On October 28, 2011, the court struck 24 one of petitioner’s prior serious felony convictions and sentenced him to a prison 25 term of 14 years eight months. 26 Petitioner unsuccessfully appealed his conviction to the California Court 27 of Appeal and the Supreme Court of California, which on July 10, 2013 denied 28 review of a petition allegedly raising the claims raised here. 1 2 DISCUSSION A. Standard of Review This court may entertain a petition for a writ of habeas corpus “in behalf 3 4 of a person in custody pursuant to the judgment of a State court only on the 5 ground that he is in custody in violation of the Constitution or laws or treaties of 6 the United States.” 28 U.S.C. § 2254(a). It shall “award the writ or issue an order directing the respondent to show 7 8 cause why the writ should not be granted, unless it appears from the application 9 that the applicant or person detained is not entitled thereto.” Id. § 2243. 10 B. Claims Petitioner seeks federal habeas corpus relief by raising several claims, 11 12 including denial of his right to recall the victim to the stand, improper denial of 13 his motions to dismiss jury verdict, ineffective assistance of counsel, denial of his 14 right to present evidence and improper suppression of evidence. Liberally 15 construed, the claims appear cognizable under § 2254 and merit an answer from 16 respondent. See Zichko v. Idaho, 247 F.3d 1015, 1020 (9th Cir. 2001) (federal 17 courts must construe pro se petitions for writs of habeas corpus liberally). 18 CONCLUSION 19 For the foregoing reasons and for good cause shown, 20 1. 21 Petitioner’s request to proceed in forma pauperis (docket #2 & 4) is GRANTED. 22 2. The clerk shall serve a copy of this order and the petition and all 23 attachments thereto on respondent and respondent’s attorney, the Attorney 24 General of the State of California. The clerk also shall serve a copy of this order 25 on petitioner. 26 / 27 28 2 1 3. 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. 4. 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 5. 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: Dec. 13, 2013 CHARLES R. BREYER United States District Judge 24 25 26 G:\PRO-SE\CRB\HC.13\Jackson, T.13-4883.osc.wpd 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?