] 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GREGORY BALDWIN, Case No. 21-cv-04225-RS (PR) Petitioner,

9 Vv. ORDER TO SHOW CAUSE 10 ROBERT BURTON, Respondent. 11

é 13 INTRODUCTION 14 Petitioner seeks federal habeas relief under

. The petition for such 3 15 || relief is now before the Court for review pursuant to

and Rule 4 of the 16 || Rules Governing Section 2254 Cases. The amended petition states a cognizable claim. i 17 || Respondent shall file a response to the amended petition on or before June 1, 2022. 18 DISCUSSION 19 This Court may entertain a petition for writ of habeas corpus “in behalf of a person 20 |} in custody pursuant to the judgment of a State court only on the ground that he is in 21 |} custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. 22 || § 2254(a). A district court considering an application for a writ of habeas corpus shall 23 || “award the writ or issue an order directing the respondent to show cause why the writ 24 || should not be granted, unless it appears from the application that the applicant or person 25 || detained is not entitled thereto.”

. Summary dismissal is appropriate 26 || only where the allegations in the petition are vague or conclusory, palpably incredible, or 27 || patently frivolous or false. See Hendricks v. Vasquez,

(9th Cir. 1990). 28

1 According to the petition, in 1999 petitioner was sentenced to 31 years and 4 2 || months pursuant to his state criminal convictions. (Pet., Dkt. No. 1 at 2.) He claims his 3 |} current CDCR release date is inaccurate and he is entitled to an earlier release or parole 4 || date. (Am. Pet., Dkt. No. 12 at 1-4.) When liberally construed, petitioner has stated a due 5 || process claim regarding his release or parole date. 6 MOTION TO PROCEED IN FORMA PAUPERIS 7 Because petitioner has paid the filing fee, his motion to proceed in forma pauperis 8 || 1s DENIED. (Dkt. No. 7.) The Clerk shall terminate Dkt. No. 7. 9 CONCLUSION 10 1. The Clerk shall serve electronically a copy of this order upon the respondent and 11 || the respondent’s attorney, the Attorney General of the State of California, at the following email address: [email protected]. The operative petition and the exhibits é 13 || thereto are available via the Electronic Case Filing System for the Northern District of 14 || California. The Clerk shall serve by mail a copy of this order on petitioner. 3 15 2. On or before June 1, 2022, respondent shall file with the Court and serve on 16 || petitioner, an answer conforming in all respects to Rule 5 of the Rules Governing Section i 17 || 2254 Cases, showing cause why a writ of habeas corpus should not be granted based on 18 petitioner’s cognizable claims. Respondent shall file with the answer and serve on 19 || petitioner a copy of all portions of the state trial record that previously have been 20 || transcribed and that are relevant to a determination of the issues presented by the petition. 21 3. If petitioner wishes to respond to the answer, he shall do so by filing a traverse 22 || with the Court and serving it on respondent’s counsel within thirty (30) days of the date the 23 || answer is filed. 24 4. In lieu of an answer, respondent may file, on or before June 1, 2022, a motion to 25 || dismiss on procedural grounds, as set forth in the Advisory Committee Notes to Rule 4 of 26 || the Rules Governing Section 2254 Cases. If respondent files such a motion, petitioner 27 || shall file with the Court and serve on respondent an opposition or statement of non- 28 ORDER TO SHOW CAUSE . CASE No. 21-cv-04225-RS

1 || opposition within thirty (30) days of the date the motion is filed, and respondent shall file 2 || with the Court and serve on petitioner a reply within fifteen (15) days of the date any 3 || opposition is filed. 4 5. Petitioner is reminded that all communications with the Court must be served on 5 || respondent by mailing a true copy of the document to respondent’s counsel. 6 6. It is petitioner’s responsibility to prosecute this case. Petitioner must keep the 7 || Court and respondent informed of any change of address and must comply with the 8 || Court’s orders in a timely fashion. Failure to do so may result in the dismissal of this 9 |) action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 10 7. Upon a showing of good cause, requests for a reasonable extension of time will 11 || be granted provided they are filed on or before the deadline they seek to extend. 12 8. The Clerk shall terminate all pending motions. E 13 IT IS SO ORDERED. 14 || Dated: February 22, 2022 Me ( ( ( a 1S RICHARD SEEBO A 16 Chief United States District Judge

Z 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE CASE No. 21-cv-04225-RS