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

Case 4:08-cv-03231-CW

Document 2

Filed 07/15/2008

Page 1 of 3

1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 United States District Court For the Northern District of California 11 Respondent. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, an inmate incarcerated at Mule Creek State Prison, has filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Good cause appearing, the MARIO MERINO, Petitioner, v. MICHAEL MARTEL, Warden, Mule Creek State Prison, ) ) ) ) ) ) ) ) ) ) ) No. C 08-3231 CW ORDER TO SHOW CAUSE

Court hereby issues the following orders: Respondent shall file with this Court and serve upon Petitioner and Petitioner's counsel, within thirty (30) days of the issuance of this Order, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, 28 U.S.C. foll. § 2254, showing cause why a writ of habeas corpus should not be issued. Respondent shall file

with the answer a copy of all portions of the state trial record that have been previously transcribed and that are relevant to a determination of the issues presented by the petition. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the Court and serving

Case 4:08-cv-03231-CW

Document 2

Filed 07/15/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

it upon Respondent within thirty (30) days of his receipt of the answer.

IT IS SO ORDERED.

DATED: _7/15/08_________ CLAUDIA WILKEN United States District Judge

2

Case 4:08-cv-03231-CW

Document 2

Filed 07/15/2008

Page 3 of 3

1 2 3 MARIO MERINO, 4

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-03231 CW Plaintiff, CERTIFICATE OF SERVICE v. WARDEN, MULE CREEK STATE PRISON et al, / Defendant.

5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Dated: July 15, 2008

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 July 15, 2008, 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. Kent A. Russell Russell and Russell 2299 Sutter Street San Francisco, CA 94115 Attorney General State of California 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 Michael Martel, Warden Mule Creek State Prison 4001 Highway 104 P.O. Box 409099 Ione, CA 95640

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk