Martinez v. The State of California

Filing 20

ORDER TO SHOW CAUSE. The Clerk shall serve by certified mail a copy of this order and the amended petition (Docket No. 18) 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 4/1/2013. Signed by Judge Edward J. Davila on 1/28/2013. (ecg, COURT STAFF) (Filed on 1/29/2013)

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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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LUIS A. MARTINEZ,
Petitioner,

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vs.

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THE STATE OF CALIFORNIA,
Respondent.

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No. C 12-02918 EJD (PR)
ORDER TO SHOW CAUSE

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Petitioner, a state prisoner incarcerated at the California Substance Abuse

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Treatment Facility, has filed a pro se petition for a writ of habeas corpus under 28

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U.S.C. § 2254, challenging his state conviction. Petitioner has paid the filing fee. The

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original petition was dismissed with leave to amend as it was a mixed petition

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containing exhausted and unexhausted claims. Petitioner has filed an amended

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petition.1 (Docket No. 18.)

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Petitioner was given the option to file a stay to exhaust the new claims or remove the new
claims and proceed only on the exhausted claim. Petitioner has chosen to continue solely on
the exhausted claim. (Docket No. 19.)
Order To Show Cause
02918Martinez_osc.wpd

BACKGROUND

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According to the petition, Petitioner was found guilty after trial in Contra Costa

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County of committing corporal injury on a spouse and inflicting great bodily injury

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while committing domestic violence. (Pet. 2-3.) On February 18, 2011, Petitioner was

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sentenced to seven years in state prison. (Id. at 1.)
Petitioner appealed the conviction; the state appellate court affirmed the

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conviction and the state high court denied review. (Id. at 3.)
DISCUSSION

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A.

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

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For the Northern District of California

United States District Court

Standard of Review

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

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is in custody in violation of the Constitution or laws or treaties of the United States.”

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28 U.S.C. § 2254(a).
It shall “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

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

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B.

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Legal Claims
Petitioner claims the following ground for federal habeas relief: (1) the trial

court erred by allowing prior bad acts to be admitted into evidence.
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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amended petition (Docket No. 18) and all attachments thereto on Respondent and

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Respondent’s attorney, the Attorney General of the State of California. The Clerk also

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shall serve a copy of this order on Petitioner.

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2.

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

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(60) days of the issuance of this order, an answer conforming in all respects to Rule 5

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of the Rules Governing Section 2254 Cases, showing cause why a writ of habeas
Order To Show Cause
02918Martinez_osc.wpd

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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 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.

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

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

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the answer.

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3.

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

an answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules
Governing Section 2254 Cases. If Respondent files such a motion, Petitioner shall file

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For the Northern District of California

United States District Court

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

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

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court and serve on Petitioner a reply within fifteen (15) days of receipt of any

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opposition.

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4.

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:

1/28/2013

EDWARD J. DAVILA
United States District Judge

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Order To Show Cause
02918Martinez_osc.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

LUIS A MARTINEZ,

Case Number CV 12-02918 EJD (PR)

Petitioner,
CERTIFICATE OF SERVICE
v.

Respondent.
For the Northern District of California

United States District Court

STATE OF CALIFORNIA,
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on ______________________________, I SERVED a true and correct copy(ies) of the
1/29/2013
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) inter-office delivery receptacle located in the Clerk's office.

Luis A. Martinez
AH-2272
CSATF (7100)
PO BOX 7100
900 QUEBEC ROAD
CORCORAN, CA 93212-7100

1/29/2013
DATED: ________________________

Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk
Order To Show Cause
02918Martinez_osc.wpd

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