1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID ALAN MARCHANT, Case No. 19-cv-06831-JST

8 Petitioner, ORDER TO SHOW CAUSE v. 9

10 HUNTER ANGLEA, Respondent. 11

12 13 Petitioner David Alan Marchant, an inmate at Sierra Conservation Center, filed this action 14 seeking a writ of habeas corpus pursuant to

. His petition is now before the 15 Court for review pursuant to

and Rule 4 of the Rules Governing Section 2254 16 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.”

(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.”

. “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,

(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 Respondent Hunter Anglea and Respondent’s attorney, the Attorney General of the State of 2 || California. The Clerk shall also serve a copy of this order on Petitioner. 3 2. Respondent shall file with the Court and serve on Petitioner, within 91 days of the 4 || date of this order, an answer conforming in all respects to Rule 5 of the Rules Governing Section 5 2254 Cases, showing cause why a writ of habeas corpus should not be granted. Respondent shall 6 || file with the answer and serve on Petitioner a copy of all portions of the state trial record that have 7 || been transcribed previously and that are relevant to a determination of the issues presented by the 8 || petition. 9 If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the 10 || Court and serving it on Respondent within 35 days of the date the answer is filed. 11 3. Respondent may file with the Court and serve on Petitioner, within 91 days of the 12 || date of this order, a motion to dismiss on procedural grounds in lieu of an answer, as set forth in 5 13 the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If 14 Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an 3 15 opposition or statement of non-opposition within 28 days of the date the motion is filed, and z 16 || Respondent shall file with the Court and serve on Petitioner a reply within 14 days of the date any 5 17 opposition is filed. 18 4. Upon a showing of good cause, requests for reasonable extensions of time will be 19 granted provided they are filed on or before the deadline they seek to extend. 20 IT IS SO ORDERED. 21 Dated: November 13, 2019 .

22 JON S. TIGAR 23 ted States District Judge 24 25 26 27 28