Brooks v. San Mateo County Superior Court

Filing 23

ORDER TO SHOW CAUSE Habeas Answer or Dispositive Motion due by 8/14/2017.. Signed by Judge Richard Seeborg on 6/9/17. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 6/12/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CHARLES ANTHONY BROOKS, United States District Court Northern District of California Petitioner, Case No. 15-cv-04877-RS (PR) 12 v. ORDER TO SHOW CAUSE 13 14 RONALD DAVIS, Respondent. 15 16 INTRODUCTION 17 18 Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 from his state 19 conviction. The petition for such relief is now before the Court for review pursuant to 20 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. Respondent 21 shall file a response to the petition on or before August 14, 2017, unless an extension is 22 granted. 23 24 BACKGROUND The following background is based on the many filings petitioner has made in the 25 many cases he has filed in this district and others. In 2015, in the San Mateo County 26 Superior Court, petitioner pleaded nolo contendere to a charge of vandalism and was 27 sentenced to 32 months in state prison. 28 DISCUSSION 1 2 This Court may entertain a petition for writ of habeas corpus “in behalf of a person 3 in custody pursuant to the judgment of a State court only on the ground that he is in 4 custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. 5 § 2254(a). A district court considering an application for a writ of habeas corpus shall 6 “award the writ or issue an order directing the respondent to show cause why the writ 7 should not be granted, unless it appears from the application that the applicant or person 8 detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal is appropriate 9 only where the allegations in the petition are vague or conclusory, palpably incredible, or 10 patently frivolous or false. See Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). United States District Court Northern District of California 11 As grounds for federal habeas relief, petitioner alleges that he should be paroled 12 because he is owed more time credits. When liberally construed, this claim is cognizable 13 on federal habeas review. CONCLUSION 14 15 1. The Clerk shall serve a copy of this order, the operative petition (Dkt. No. 22) 16 and all attachments thereto, on respondent and respondent’s counsel, the Attorney General 17 for the State of California. The Clerk shall also serve a copy of this order on petitioner. 18 2. On or before August 14, 2017, respondent shall file with the Court and serve on 19 petitioner an answer conforming in all respects to Rule 5 of the Rules Governing Section 20 2254 Cases, showing cause why a writ of habeas corpus should not be granted based on 21 petitioner’s cognizable claims. Respondent shall file with the answer and serve on 22 petitioner a copy of all portions of the state trial record that previously have been 23 transcribed and that are relevant to a determination of the issues presented by the petition. 24 3. If petitioner wishes to respond to the answer, he shall do so by filing a traverse 25 with the Court and serving it on respondent’s counsel within thirty (30) days of the date the 26 answer is filed. 27 ORDER TO SHOW CAUSE CASE NO. 15-cv-04877-RS 28 2 1 4. In lieu of an answer, respondent may file, within ninety (90) days of the date this 2 order is filed, a motion to dismiss on procedural grounds, as set forth in the Advisory 3 Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If respondent 4 files such a motion, petitioner shall file with the Court and serve on respondent an 5 opposition or statement of non-opposition within thirty (30) days of the date the motion is 6 filed, and respondent shall file with the Court and serve on petitioner a reply within fifteen 7 (15) days of the date any opposition is filed. 8 9 10 5. Petitioner is reminded that all communications with the Court must be served on respondent by mailing a true copy of the document to respondent’s counsel. 6. It is petitioner’s responsibility to prosecute this case. Petitioner must keep the United States District Court Northern District of California 11 Court and respondent informed of any change of address and must comply with the 12 Court’s orders in a timely fashion. Failure to do so may result in the dismissal of this 13 action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 14 15 16 17 7. Upon a showing of good cause, requests for a reasonable extension of time will be granted provided they are filed on or before the deadline they seek to extend. IT IS SO ORDERED. 9 Dated: June ___, 2017 _________________________ RICHARD SEEBORG United States District Judge 18 19 20 21 22 23 24 25 26 27 ORDER TO SHOW CAUSE CASE NO. 15-cv-04877-RS 28 3

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