Antoine Williams-v-Edward Borla
Filing
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ORDER TO SHOW CAUSE, Motions terminated: #5 MOTION for Leave to Proceed in forma pauperis filed by Antoine Williams. Habeas Answer or Dispositive Motion due by 7/8/2024. Signed by Judge James Donato on 5/8/2024. (lrc, COURT STAFF) (Filed on 5/8/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANTOINE WILLIAMS,
Petitioner,
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United States District Court
Northern District of California
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ORDER FOR RESPONDENT TO
SHOW CAUSE
v.
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Case No. 24-cv-02097-JD
Re: Dkt. No. 5
,
Respondent.
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Antoine Williams, a state prisoner, filed a pro se petition for a writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Santa Clara County, which is in this
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district, so venue is proper here. See 28 U.S.C. § 2241(d).
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BACKGROUND
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A jury found petitioner guilty of aggravated sex trafficking of a minor and other related
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crimes. People v. Johnson, No. H084722, 2022 WL 17986210, at *1 (Cal. Ct. App. Dec. 29,
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2022). Petitioner was sentenced to a prison term of 15 years to life. Id. The California Court of
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Appeal remanded for resentencing, but otherwise affirmed the conviction. Id. at 51. The
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California Supreme Court denied review. Petition at 3.
DISCUSSION
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STANDARD OF REVIEW
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This Court may entertain a petition for 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); Rose v.
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Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading
United States District Court
Northern District of California
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requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of
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habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court
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must “specify all the grounds for relief available to the petitioner ... [and] state the facts supporting
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each ground.” Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. § 2254. “‘[N]otice’
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pleading is not sufficient, for the petition is expected to state facts that point to a ‘real possibility
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of constitutional error.’” Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 431 F.2d
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688, 689 (1st Cir. 1970)).
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LEGAL CLAIMS
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As grounds for federal habeas relief, petitioner asserts that: (1) trial counsel was ineffective
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for failing to object to expert testimony that violated the California Racial Justice Act; (2) there
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was insufficient evidence of coercion with respect to the charge of human trafficking; and (3) the
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trial court erred in failing to instruct the jury about his good faith mistaken belief that the victim
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was 18 years-old. Liberally construed, these claims are sufficient to require a response.
CONCLUSION
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1.
The motion to proceed in forma pauperis (Dkt. No. 5) is granted. The Clerk shall
substitute Warden Edward Borla as respondent because he is petitioner’s current custodian.
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The Clerk shall serve by electronic mail a copy of this order on the Attorney
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General of the State of California at SFAWTParalegals@doj.ca.gov. The Clerk also shall serve a
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copy of this order on petitioner by regular mail. Respondent can view the petition on the
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electronic docket (Dkt. No. 4).
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3.
Respondent shall file with the Court and serve on petitioner, within fifty-six (56)
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days of the issuance of this order, 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.
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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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Respondent may file a motion to dismiss on procedural grounds in lieu of an
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answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section
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2254 Cases. If respondent files such a motion, it is due fifty-six (56) days from the date this order
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is entered. If a motion is filed, petitioner shall file with the Court and serve on respondent an
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opposition or statement of non-opposition within twenty-eight (28) days of receipt of the motion,
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and respondent shall file with the Court and serve on petitioner a reply within fourteen (14) days
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of receipt of any opposition.
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United States District Court
Northern District of California
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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: May 8, 2024
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JAMES DONATO
United States District Judge
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