Bird v. Brown Doc.

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Case 3:05-cv-02454-MJJ Document 3 Filed 06/29/2005 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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11 WILLIAM L. BIRD, No. C 05-02454 MJJ
United States District Court

12 Petitioner, ORDER TO SHOW CAUSE

For the Northern District of California

13 v.
14 JILL BROWN, Warden,
15 Respondent.
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17 Petitioner William L. Bird (“Petitioner”) is currently serving a term of eight years at San

18 Quentin State Prison in San Quentin, California, based on a state court conviction for second degree

19 burglary and grand theft of personal property. Petitioner has filed a petition for a writ of habeas

20 corpus pursuant to 28 U.S.C. § 2254.

21 Petitioner challenged his conviction and sentence through to the California Supreme Court,

22 without success. Petitioner now seeks federal habeas corpus relief, claiming that the trial court’s

23 determination that Petitioner’s prior conviction was a “serious felony” subjecting him to a longer

24 sentence violated his Sixth and Fourteenth Amendment rights. Petitioner claims that the court made

25 a critical factual finding on an element of that prior crime that was never tried by a jury.

26 For the foregoing reasons and for good cause shown, it is hereby ordered that:

27 1. Respondent shall file and serve within sixty (60) days of the issuance of this Order,

28 an answer conforming in all respects with Rule 5 of the Rules Governing Habeas Corpus Cases
Under Section 2254, showing cause why a writ of habeas corpus should not issue; and

Dockets.Justia.com
 Case 3:05-cv-02454-MJJ Document 3 Filed 06/29/2005 Page 2 of 2

1 2. If Petitioner wishes to reply to the answer, he must do so by filing and serving a

2 traverse within thirty (30) days of his receipt of Respondent’s answer.
S DISTRICT
3 ATE C
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4 IT IS SO ORDERED.

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8 Dated: June__29_, 2005 /s/
MARTIN J. JENKINS
9 UNITED STATES DISTRICT JUDGE
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United States District Court

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For the Northern District of California

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