Shelby Gail Heifetz v. College Park Center et al

Filing 20

DOCUMENT ENTERED IN WRONG CASE. PLEASE DISREGARD. ORDER TO SHOW CAUSE. Signed by Judge JEFFREY S. WHITE on 6/11/15. (jjoS, COURT STAFF) (Filed on 6/11/2015) Modified on 6/11/2015 (jjoS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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AUDENCIO MALDONADO,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 14-01920 JSW

v.
WARDEN PARAMO,

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ORDER TO SHOW CAUSE

Respondent.
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Petitioner Audencio Maldonado, a state prisoner, has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

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BACKGROUND

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Petitioner was charged with committing a lewd act on a child under fourteen years old.

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Following a guilty plea, Petitioner was convicted of this charge. Petitioner contends that he did

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not have the mental capacity to understand and accept a guilty plea.

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DISCUSSION

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A.

Legal Standard.

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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). It

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shall “award the writ or issue an order directing the respondent to show cause why the writ

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

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detained is not entitled thereto.” 28 U.S.C. § 2243.

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Summary dismissal is appropriate only where the allegations in the petition are vague or

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conclusory, palpably incredible, or patently frivolous or false. See Hendricks v. Vasquez, 908

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F.2d 490, 491 (9th Cir. 1990).

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B.

Petitioner’s Legal Claims.

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Petitioner seeks federal habeas corpus relief by way of raising a claim of ineffective

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assistance of counsel, thus depriving him of due process in violation of the Fifth Amendment.

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Liberally construed, the claims appear potentially colorable under 28 U.S.C. § 2254 and merit

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an answer from Respondents.

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CONCLUSION
For the foregoing reasons and for good cause shown:

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For the Northern District of California

United States District Court

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1.

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Petitioner shall serve by certified mail a copy of this Order and the petition and
all attachments thereto upon Respondent.

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Respondent shall file with the Court and serve on Petitioner, within 60 days of

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the date of this Order, an answer conforming in all respects to Rule 5 of the

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Rules Governing Section 2254 Cases, showing cause why a writ of habeas

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corpus should not be issued. Respondent shall file with the answer and serve on

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Petitioner a copy of all portions of the administrative record that are relevant to a

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determination of the issues presented by the petition.

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3.

If Petitioner wishes to respond to the answer, she shall do so by filing a traverse

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with the Court and serving it on Respondent within 30 days of her receipt of the

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answer.

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IT IS SO ORDERED.

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Dated: June 11, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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