Marlen Ravelo v. Le Master

Filing 8

ORDER TO SHOW CAUSE. Signed by Judge James Donato on 3/1/18. (lrcS, COURT STAFF) (Filed on 3/1/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLEN RAVELO,
Petitioner,

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United States District Court
Northern District of California

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Case No. 17-cv-06498-JD

ORDER FOR RESPONDENT TO
SHOW CAUSE

v.
LE MASTER,
Respondent.

Marlen Ravelo, a federal prisoner, filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2241. He has paid the filing fee.

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DISCUSSION

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STANDARD OF REVIEW

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A district court may entertain a petition for a writ of habeas corpus challenging the
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execution of a federal sentence only on the ground that the sentence is being executed “in violation
of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3); United States

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v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984).
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The court should “award the writ or issue an order directing the respondent to show cause

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why the writ should not be granted, unless it appears from the application that the applicant or
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person detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal is appropriate only

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where the allegations in the petition are vague or conclusory, palpably incredible, or patently
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frivolous or false. Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990) (quoting Blackledge v.
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Allison, 431 U.S. 63, 75-76 (1977)).
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LEGAL CLAIMS

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Petitioner is incarcerated at Federal Correctional Institution, Dublin. He states that prison

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officials informed him that he is not eligible for a reduced sentence if he completes the Residential

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Drug Abuse Program. Officials informed petitioner that he was convicted of possessing a firearm

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and the statute does not permit a reduced sentence for such a conviction. As grounds for relief,

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petitioner asserts that officials violated the statute and intent of congress in denying him a reduced

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sentence due to the nature of his conviction and by failing to show a valid rationale in the denial.

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Liberally construed, this claim is sufficient to require a response.
CONCLUSION

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1.

The Clerk of the Court shall serve a copy of this Order and the petition and all

attachments thereto upon respondent and respondent’s attorney, the United States Attorney for the
Northern District of California. The Clerk shall send a copy of the petition to the Attorney

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United States District Court
Northern District of California

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General of the United States in Washington, D.C. The Clerk shall also serve a copy of this Order

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on petitioner.

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2.

Respondent shall file with this Court and serve upon petitioner, within fifty-six (56)

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days of the issuance of this Order, an Answer showing cause why a writ of habeas corpus should

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not be issued. The respondent shall file with the answer a copy of all documents that are relevant

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to a determination of the issues presented by the petition.

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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 twenty-eight (28) days of his receipt of the answer.
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Petitioner is reminded that all communications with the Court must be served on

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respondent by mailing a true copy of the document to respondent’s counsel. Petitioner must keep

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

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fashion. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant

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to Federal Rule of Civil Procedure 41(b). See Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir.

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1997) (Rule 41(b) applicable in habeas cases).

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IT IS SO ORDERED.
Dated: March 1, 2018

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLEN RAVELO,

Case No. 17-cv-06498-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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LE MASTER,
Defendant.

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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.

United States District Court
Northern District of California

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That on March 1, 2018, 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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Marlen Ravelo ID: 29871-086
Federal Correctional Institution
5701 8th Street Camp Parks
Dublin, CA 94568

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Dated: March 1, 2018

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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