Free Order to Show Cause - District Court of Connecticut - Connecticut

Case 3:03-cv-00692-PCD Document 12 Filed 10/27/2003 Page 1 of 2 i
UNITED STATES DISTRICT COURT I sl, , g _
DISTRICT OF CONNECTICUT i in if I C i ii
t ZUUJ am gi 1 ge 3, I I
MARK ALAN MASON, : 3} ii; ‘ · .
Petitioner, ; ` C '
: PRISONER
V- : Case No. 3:03cv692 (PCD) i
WARDEN STRANGE, ET AL.,
Respondents. : `
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ORDER TO SHOW CAUSE
In January 2001, in the Connecticut Superior Court for the Judicial District of Danbury, K
the petitioner pleaded guilty to one cotmt of assault on a police officer or fire official. The court y
sentenced the petitioner to three years of imprisonment. The sentence was to be served i
consecutively to his current sentence. The petitioner did not appeal his conviction.
Approximately, one year later, in January 2002, the petitioner filed a habeas petition in the 5
Connecticut Superior Court for the Judicial District of Hartford raising claims of ineffective
assistance of counsel and newly discovered evidence. That petition is still pending. On July 22,
2003, the petitioner filed an amended petition for writ of habeas corpus in this action. I
The petitioner states that a hearing has not been scheduled in his state habeas. He
contends that his habeas may not be heard before he is discharged from his state sentence in
February 2004. I-Ie argues that he should not be required to exhaust his state court remedies prior
to filing this action because the state procedures are inadequate.
Thus, it is hereby
ORDERED that the respondents file a response on or before November 19, 2003,
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A Case 3:03-cv-00692-PCD Document 12 Filed 10/27/2003 Page 2 of 2
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showing cause why the petitioner should not be excused from exhausting his state court remedies
and addressing the petitioner’s claim that "(i) there is an absence of available State corrective
process or (ii) circumstances exist that render such process ineffective to protect the rights of the I
[petitioner]." 28 U.S.C. § 2254(b)(1)(B)(i) and (ii).
It is further
ORDERED that service by the United States Marshal of this order, together with a copy I
of the petition and amended petition, on respondent‘s representative, Michael E. O’Hare, I
Supervisory Assistant State’s Attorney, Office of the Chief State’s Attorney, 300 Corporate
. 1
Place, Rocky Hill, CT 06067, on or before November 5, 2003, shall be deemed suftic1ent. 1
Entered at Bridgeport, Connecticut, this 7of October, 2003.
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Unite tate agistrate Judge `
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