Wong v. Diaz ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RAYMOND EDWARD WONG, Case No. 19-cv-08318-JST 8 Petitioner, ORDER TO SHOW CAUSE v. 9 10 RALPH DIAZ, Respondent. 11 12 13 Petitioner Raymond Edward Wong, an inmate at San Quentin State Prison, filed this action 14 seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. His petition is now 15 before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing 16 Section 2254 Cases in the United States District Courts. 17 This Court may entertain a petition for writ of habeas corpus “in behalf of a person in 18 custody pursuant to the judgment of a State court only on the ground that he is in custody in 19 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). 20 A district court shall “award the writ or issue an order directing the respondent to show cause why 21 the writ should not be granted, unless it appears from the application that the applicant or person 22 detained is not entitled thereto.” 28 U.S.C. § 2243. “Summary dismissal is appropriate only 23 where the allegations in the petition are vague or conclusory or palpably incredible, or patently 24 frivolous or false.” Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990) (internal quotation 25 marks, alteration marks, and citations omitted). 26 None of the claims raised in the petition warrants summary dismissal. Accordingly, it is 27 hereby ordered that: 1 Civil Procedure, the Clerk of the Court is directed to substitute Warden Ronald Davis as 2 || Respondent because he is Petitioner’s current custodian. 3 2. The Clerk shall mail a copy of this order and the petition with all attachments to 4 || Respondent Ronald Davis and Respondent’s attorney, the Attorney General of the State of 5 || California. The Clerk shall also serve a copy of this order on Petitioner. 6 3. Respondent shall file with the Court and serve on Petitioner, within 91 days of the 7 date of this order, an answer conforming in all respects to Rule 5 of the Rules Governing Section 8 2254 Cases, showing cause why a writ of habeas corpus should not be granted. Respondent shall 9 file with the answer and serve on Petitioner a copy of all portions of the state trial record that have 10 || been transcribed previously and that are relevant to a determination of the issues presented by the 11 petition. 12 4. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with 5 13 the Court and serving it on Respondent within 35 days of the date the answer is filed. 14 5. Respondent may file with the Court and serve on Petitioner, within 91 days of the 3 15 date of this order, a motion to dismiss on procedural grounds in lieu of an answer, as set forth in 16 || the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If 5 17 Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an 18 opposition or statement of non-opposition within 28 days of the date the motion is filed, and 19 Respondent shall file with the Court and serve on Petitioner a reply within 14 days of the date any 20 || opposition is filed. 21 6. Upon a showing of good cause, requests for reasonable extensions of time will be 22 || granted provided they are filed on or before the deadline they seek to extend. 23 IT IS SO ORDERED. 24 Dated: January 27, 2020 . 29 JON S. TIGAR 26 ited States District Judge 27 28