Wilson v. Ahern

Filing 6

ORDER to Show Cause. Signed by Judge Sallie Kim on September 8, 2021. (sklc1S, COURT STAFF) (Filed on 9/8/2021)

Case 3:21-cv-05341-SK Document 6 Filed 09/08/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARCUS WILSON,
Plaintiff,

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GREGORY J. AHERN,
Defendant.

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE

v.

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Case No. 21-cv-05341-SK

Petitioner, a prisoner incarcerated at Santa Rita Jail, has filed a petition for a writ of habeas

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corpus under 28 U.S.C. § 2241 challenging a decision by the United States Department of Justice

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Federal Bureau of Prisons to remand Petitioner to Santa Rita Jail for alleged violations of his early

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release. The petition is properly before the undersigned for initial review because Petitioner has

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consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c).
DISCUSSION

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A.

Legal Standard.
This court may entertain a petition for a writ of habeas corpus in behalf of a person “in

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custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. §

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2241(c)(3). It shall “award the writ or issue an order directing the respondent to show cause why

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the writ should not be granted, unless it appears from the application that the applicant or person

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detained is not entitled thereto.” Id. § 2243.

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B.

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Petitioner’s Legal Claims.
Petitioner seeks federal habeas corpus relief by asserting that his Fifth and Fourteenth

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Amendment right to due process was violated by the decision to remand him to Santa Rita Jail.

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Liberally construed, the claim appears potentially colorable and merits an answer from

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Respondents.

Case 3:21-cv-05341-SK Document 6 Filed 09/08/21 Page 2 of 2

CONCLUSION

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For the foregoing reasons and for good cause shown:

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1.

The clerk shall serve electronically a copy of this order upon the respondent and the

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respondent’s attorney, the United States Attorney for the Northern District of California, at the

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following email addresses: (1) [e-mail]; (2) [e-mail]; and (3)

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[e-mail]. The petition and the exhibits thereto are available via the Electronic Case

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Filing System for the Northern District of California.

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2.

Respondent shall file with the court and serve on petitioner, within 60 days of the

issuance of this order, an answer responding to the allegations in the petition and showing cause
why a writ of habeas corpus should not be granted. Respondent shall file with the answer and

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United States District Court
Northern District of California

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serve on petitioner a copy of all documents that are relevant to a determination of the issues

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presented by the petition.

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3.

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 her receipt of the answer.
IT IS SO ORDERED.
Dated: September 8, 2021
______________________________________
SALLIE KIM
United States Magistrate Judge

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