Owens v. California Director of Corrections

Filing 6

ORDER TO SHOW CAUSE re 1 Petition for Writ of Habeas Corpus, filed by Steven L. Owens. It is hereby ordered that: The Clerk shall serve by mail a copy of this order and the petition and all attachments upon respondent and respondent's a ttorney, the Attorney General of the State of California, and the Clerk shall also serve a copy of this order on the petitioner; Respondent's answer to petition is due 3/12/2016, if petitioner wishes to respond to the answer, petitioner shall fi le and serve a traverse 30 days of the date the answer is filed; Respondent may file a motion to dismiss on procedural grounds in lieu of an answer by 3/12/2016, petitioner's opposition or statement of non-opposition is due 28 days from the dat e the motion is filed and respondent shall file and serve a reply within 14 days of the date any opposition is filed. Signed by Judge Ronald M. Whyte on 1/11/2016. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 1/12/2016)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
STEVEN L. OWENS,
11
Petitioner,
12
v.
13
RON DAVIS, Warden,
14
Respondent.
15

)
)
)
)
)
)
)
)
)
)

No. C 15-4968 RMW (PR)
ORDER TO SHOW CAUSE

16
Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to
17
28 U.S.C. § 2254. Petitioner has paid the filing fee. The court orders respondent to show cause
18
why a writ of habeas corpus should not be granted.
19
DISCUSSION
20
A.

Standard of Review

21
This court may entertain a petition for writ of habeas corpus “in behalf of a person in
22
custody pursuant to the judgment of a state court only on the ground that he is in custody in
23
violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose
24
v. Hodges, 423 U.S. 19, 21 (1975).
25
A district court shall “award the writ or issue an order directing the respondent to show
26
cause why the writ should not be granted, unless it appears from the application that the
27
applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243.
28
Order to Show Cause
P:\PRO-SE\RMW\HC.15\Owens968osc.wpd

1

B.

2

Petitioner’s Claim
As grounds for federal habeas relief, petitioner alleges that he was denied due process in

3

conjunction with his 2012 rules violation, resulting in his placement into administrative

4

segregation and loss of time credits. Liberally construed, the court orders respondent to show

5

cause why the petition should not be granted.

6

CONCLUSION

7

1.

The clerk shall serve by mail a copy of this order and the petition and all

8

attachments thereto upon the respondent and the respondent’s attorney, the Attorney General of

9

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

10

2.

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

11

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

12

Section 2254 Cases, showing cause why a writ of habeas corpus should not be granted.

13

Respondent shall file with the answer and serve on petitioner a copy of all portions of the

14

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

15

determination of the issues presented by the petition.

16
17

If petitioner wishes to respond to the answer, she 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.

18

3.

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

19

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

20

2254 Cases within sixty days of the date this order is filed. If respondent files such a motion,

21

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

22

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

23

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

24

filed.

25

4.

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

26

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

27

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

28

change of address by filing a separate paper captioned “Notice of Change of Address.” She must
Order to Show Cause
P:\PRO-SE\RMW\HC.15\Owens968osc.wpd

2

1

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

2

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

3
4

IT IS SO ORDERED.
DATED:

1/11/2016
RONALD M. WHYTE
United States District Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order to Show Cause
P:\PRO-SE\RMW\HC.15\Owens968osc.wpd

3