Ybarra v. Aramant
Filing
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ORDER TO SHOW CAUSE. Habeas Answer or Dispositive Motion due by 2/17/2017. Petitioners application for leave to proceed in forma pauperis is DENIED as moot because Petitioner paid the filing fee. Signed by Magistrate Judge Jacqueline S. Corley on 11/18/16. (klhS, COURT STAFF) (Filed on 11/18/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LARRY JAMES YBARRA,
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Plaintiff,
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ORDER TO SHOW CAUSE
v.
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Re: Dkt. No. 2
C. ARAMANT,
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United States District Court
Northern District of California
Case No.16-cv-05039-JSC
Defendant.
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INTRODUCTION
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Petitioner, a prisoner of the State of California proceeding pro se, filed a petition for a writ
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of habeas corpus under 28 U.S.C. § 2254 challenging his conviction.1 6. Petitioner’s application
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for leave to proceed in forma pauperis is DENIED as moot because Petitioner paid the filing fee.
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Because the petition states a cognizable basis for federal habeas, a response from Respondent is
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warranted.
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BACKGROUND
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Petitioner was convicted of robbery in 2012. Based on both this conviction and
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Petitioner’s prior convictions, the trial court sentenced him to a term of 15 years in state prison.
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After the California Court of Appeal affirmed the judgment, and the California Supreme Court
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denied a petition for review in 2015, Petitioner filed the instant federal petition.
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Petitioner has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (ECF No. 3.)
DISCUSSION
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I.
Standard of Review
This Court may entertain a petition for a 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). It
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shall “award the writ or issue an order directing the respondent to show cause why the writ should
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not be granted, unless it appears from the application that the applicant or person detained is not
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United States District Court
Northern District of California
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entitled thereto.” Id. § 2243.
II.
Legal Claims
Petitioner claims that: (1) the trial court violated his right to due process by failing to
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instruct the jury that the use of force must be motivated by an intent to steal; (2) the trial court
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violated his right to due process by giving the prosecutor’s proposed instruction regarding the
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merchant’s use of force but rejecting the defense’s proposed instruction on the same topic; (3) the
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trial court violated Petitioner’s right to due process by giving an instruction on flight; and (4) the
jury instructions included an invalid presumption of Petitioner’s guilt, in violation of Petitioner’s
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right to due process. When liberally construed, these claims state cognizable grounds for federal
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habeas relief.
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CONCLUSION
For the foregoing reasons and for good cause shown,
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1. The Clerk shall serve a Magistrate Judge jurisdiction consent form, a copy of this
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Order, and the petition, and all attachments thereto, on Respondent and Respondent’s attorney, the
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Attorney General of the State of California. The Clerk also shall serve a copy of this Order on
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Petitioner.
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2. Respondent shall complete and file the Magistrate Judge jurisdiction consent form in
accordance with the deadline provided on the form.
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3. Respondent shall also file with the Court and serve on Petitioner, within ninety-one (91)
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days of the date this Order is issued, an answer conforming in all respects to Rule 5 of the Rules
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Governing Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted.
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Respondent shall file with the answer and serve on Petitioner a copy of all portions of the state
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trial record that have been transcribed previously and that are relevant to a determination of the
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issues presented by the petition. If Petitioner wishes to respond to the answer, he shall do so by
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filing a traverse (a reply) with the Court and serving it on Respondent within twenty-eight (28)
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days of the date the answer is filed.
4. Respondent may, within ninety-one (91) days of the date this Order is issued, file a
United States District Court
Northern District of California
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motion to dismiss on procedural grounds in lieu of an answer, as set forth in the Advisory
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Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If Respondent files such
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a motion, Petitioner shall file with the Court and serve on Respondent an opposition or statement
of non-opposition within twenty-eight (28) days of the date the motion is filed, and Respondent
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shall file with the Court and serve on Petitioner a reply within fourteen (14) days of the date any
opposition is filed.
5. It is Petitioner’s responsibility to prosecute this case. Petitioner must keep the Court
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informed of any change of address by filing a separate paper captioned “Notice of Change of
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Address.” He must comply with the Court’s orders in a timely fashion. Failure to do so may
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result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil
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Procedure 41(b).
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IT IS SO ORDERED.
Dated: November 18, 2016
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LARRY JAMES YBARRA,
Case No. 16-cv-05039-JSC
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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C. ARAMANT,
Defendant.
United States District Court
Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on November 18, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Larry James Ybarra ID: AR1544
Desert View MMCF A2/5L
P.O. Box 970
Adelanto, CA 92301
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Dated: November 18, 2016
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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