1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 NORBERTO SERNA, 7 Case No. 21-cv-02654-JSC Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 DAVID HOLBROOK, et al., Re: Dkt. No. 1 10 Defendants. 11

12 13 Petitioner, a prisoner of the State of California, filed a habeas corpus petition pursuant to 28

. Petitioner has paid the $5.00 filing fee. His petition sets forth 14 claims challenging 15 the constitutionality of Petitioner’s conviction in state court: that his conviction for kidnapping to 16 commit robbery is not supported by sufficient evidence; his conviction for kidnapping to convict 17 extortion is not supported by sufficient evidence; the trial court erred in denying his motion to set aside 18 information; the trial court erred in denying his motion to suppress evidence; the trial court erred in 19 admitting his statement obtained in violation of Miranda v. Arizona,

(1966); the trial 20 court erred in admitting his involuntary statement; the trial court erred in admitting the hearsay 21 statement of Isaias Serna; the kidnapping for extortion jury instruction was improper; his sentence was 22 disproportionate; his sentence is an Equal Protection violation; trial counsel was ineffective in not 23 challenging the search warrant of his historical cell phone site location information; his statement was 24 involuntary because he was not informed of his right to consular notification under the Vienna 25 Convention; trial counsel was ineffective in failing to argue that this violation resulted in Petitioner 26 making an involuntary statement; and that these cumulative errors require reversal of his convictions 27 and sentence. 1 cause appearing, Respondent is hereby ordered to show cause why the petition should not be 2 || granted. 3 In order to expedite the resolution of this case, it is further ordered as follows: 4 1. The Clerk shall serve respondent and the respondent’s attorney, the Attorney General of 5 the State of California, with a copy of this order and the petition with all attachments. 6 2. Consistent with Habeas Local Rule 2254-6, Respondent shall file with the court and 7 serve on petitioner, within 60 days of service of the petition and this order, an answer conforming 8 in all respects to Rule 5 of the Rules Governing Section 2254 Cases, showing cause why a writ of 9 || habeas corpus should not be granted based on the claims found cognizable herein. Respondent 10 shall file with the answer and serve on petitioner a copy of all portions of the state trial record that 11 have been transcribed previously and that are relevant to a determination of the issues presented 12 || by the petition. 5 13 If petitioner wishes to respond to the answer, he shall do so by filing a traverse with the 14 || court and serving it on Respondent within 30 days of the date the answer is filed. 15 3. Respondent may file, within 60 days, a motion to dismiss on procedural grounds in lieu 16 || of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the Rules Governing 3 17 Section 2254 Cases. If respondent files such a motion, petitioner shall file with the court and S 18 serve on respondent an opposition or statement of non-opposition within 30 days of the date the 19 || motion is filed, and respondent shall file with the court and serve on petitioner a reply within 14 20 || days of the date any opposition is filed. 21 4. The Clerk shall send a notice to petitioner and respondent regarding consenting to the 22 || jurisdiction of a magistrate judge. 23 IT IS SO ORDERED. 24 Dated: May 5, 2021 we ACQUELINE SCOTT COREY 27 United States Magistrate Judge 28