Stockton v. Lewis

Filing 6

ORDER TO SHOW CAUSE Habeas Answer due by 4/21/2014. Traverse due by 5/21/2014. Signed by Judge Ronald M. Whyte on 2/18/14. (jgS, COURT STAFF) (Filed on 2/18/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT JOHN STOCKTON, JR.,
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Petitioner,
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vs.
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GREG D. LEWIS, Warden,

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Respondent.

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No. C 13-3978 RMW (PR)
ORDER TO SHOW CAUSE

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Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. Petitioner has paid the filing fee. The court orders respondent to show cause

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why a writ of habeas corpus should not be granted.

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DISCUSSION
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Standard of Review
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

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v. Hodges, 423 U.S. 19, 21 (1975).

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A district court 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 the

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applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243.
Order to Show Cause
G:\PRO-SE\RMW\HC.13\Stockton978osc.wpd

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B.

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Petitioner’s Claims
In his petition, petitioner alleges that, in 2011, he appeared before the Institutional

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Classification Committee (“ICC”) for a periodic review of petitioner’s segregation status in the

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SHU after being validated as a gang member in 2009. As grounds for federal habeas relief,

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petitioner claims that: (1) he did not receive due process at the ICC hearing, and (2) his detention

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in the SHU, and specifically, his being labeled as “active” in gang activity was not supported by

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“some evidence”. Liberally construed, the court orders respondent to show cause why the

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petition should not be granted.

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CONCLUSION

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1.

The clerk shall serve by mail a copy of this order and the petition (docket no. 1)

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and all attachments thereto upon the respondent and the respondent’s attorney, the Attorney

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General of the State of California. The clerk shall also serve a copy of this order on the

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petitioner.

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2.

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

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the date this order is filed, an answer conforming in all respects to Rule 5 of the Rules Governing

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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

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underlying state criminal record that have been transcribed previously and that are relevant to a

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determination of the 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 thirty days of the date the answer is filed.

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3.

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 within sixty days of the date this order is filed. If respondent files such a motion,

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petitioner shall file with the court and serve on respondent an opposition or statement of non-

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opposition within twenty-eight days of the date the motion is filed, and respondent shall file

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with the court and serve on petitioner a reply within fourteen days of the date any opposition is

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filed.
Order to Show Cause
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4.

It is petitioner’s responsibility to prosecute this case. Petitioner is reminded that

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all communications with the court must be served on respondent by mailing a true copy of the

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document to respondent’s counsel. Petitioner must keep the court and all parties informed of any

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change of address by filing a separate paper captioned “Notice of Change of Address.” He must

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comply with the court’s orders in a timely fashion. Failure to do so may result in the dismissal

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of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order to Show Cause
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROBERT JOHN STOCKTON JR,

Case Number: CV13-03978 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
GREG D LEWIS et al,
Defendant.

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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.
That on February 18, 2014, 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.

Robert John Stockton J-80992
C11-102, Security Housing Unit
Pelican Bay State Prison, SHU
P.O. Box 7500
Crescent City, CA 95532
Dated: February 18, 2014
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk