Godinez-Flores v. Grounds

Filing 2

ORDER TO SHOW CAUSE. The Clerk shall serve by certified mail a copy of this order and the petition and all attachments thereto on Respondent and Respondent's attorney, the Attorney General of the State of California. The Clerk also shall serve a copy of this order on Petitioner. Habeas Answer due by 9/24/2012. Signed by Judge Edward J. Davila on 7/24/2012. (ecg, COURT STAFF) (Filed on 7/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ISIDRO GODINEZ-FLORES,
Petitioner,

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vs.

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RANDY GROUNDS, Warden,
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Respondent.
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No. C 12-02726 EJD (PR)
ORDER TO SHOW CAUSE

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction.

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Petitioner has paid the filing fee. (See Docket No. 1.)

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BACKGROUND
According to the petition, Petitioner was found guilty by a jury in Sonoma

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County Superior Court of voluntary manslaughter. (Pet. at 2.) Petitioner was

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sentenced on August 10, 2010, to thirteen years and 4 months in state prison. (Id.)

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Petitioner appealed his conviction, and the state appellate court affirmed. (Id.
at 3.) The state high court denied review. (Id.)
Petitioner filed the instant federal habeas petition on May 29, 2012.
Order to Show Cause
G:\PRO-SE\SJ.EJD\HC.12\02726Godinez-Flores_osc.wpd

DISCUSSION

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A.

Standard of Review
This court may entertain a petition for a writ of habeas corpus “in behalf of a

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person in custody pursuant to the judgment of a State court only on the ground that

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he is in custody in violation of the Constitution or laws or treaties of the United

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States.” 28 U.S.C. § 2254(a).
It shall “award the writ or issue an order directing the respondent to show

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cause why the writ should not be granted, unless it appears from the application that

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the applicant or person detained is not entitled thereto.” Id. § 2243.

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For the Northern District of California

United States District Court

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B.

Legal Claims
Petitioner claims the following as grounds for federal habeas relief: (1) the

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jury was misinstructed on the doctrine of self-defense, violating his right to due

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process; and (2) ineffective assistance of counsel. Liberally construed, his claims

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are cognizable under § 2254 and merit an answer from Respondent.

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CONCLUSION

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For the foregoing reasons and for good cause shown,

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1.

The Clerk shall serve by certified mail a copy of this order and the

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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

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order on Petitioner.

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2.

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

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sixty (60) days of the issuance of this order, an answer conforming in all respects to

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Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of

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

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on Petitioner a copy of all portions of the state trial record that have been transcribed

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previously and that are relevant to a determination of the issues presented by the

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petition.
Order to Show Cause
G:\PRO-SE\SJ.EJD\HC.12\02726Godinez-Flores_osc.wpd

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

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traverse with the Court and serving it on Respondent within thirty (30) days of his

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receipt of the answer.

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3.

Respondent may file a motion to dismiss on procedural grounds in lieu

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of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules

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Governing Section 2254 Cases. If Respondent files such a motion, Petitioner shall

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file with the Court and serve on Respondent an opposition or statement of non-

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opposition within thirty (30) days of receipt of the motion, and Respondent shall

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file with the court and serve on Petitioner a reply within fifteen (15) days of receipt

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For the Northern District of California

United States District Court

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of any opposition.
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Petitioner is reminded that all communications with the court must be

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served on Respondent by mailing a true copy of the document to Respondent’s

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counsel. Petitioner must also keep the Court and all parties informed of any change

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of address.

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DATED:

7/24/2012

EDWARD J. DAVILA
United States District Judge

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Order to Show Cause
G:\PRO-SE\SJ.EJD\HC.12\02726Godinez-Flores_osc.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ISIDRO GODINEZ-FLORES,

Case Number: CV12-02726 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
RANDY GROUNDS, Warden,
Respondent.

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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.
7/25/2012
That on
, 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.

Isidro Godinez-Flores AE 5210
CTF North
P.O. Box 705
Soledad, CA 93960
Dated:

7/25/2012
Richard W. Wieking, Clerk
By:
/s/ Elizabeth Garcia, Deputy Clerk