Doe v. The Department of Correction et al Doc.

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Case 5:07-mc-80227-JF Document 7 Filed 09/19/2007 Page 1 of 2

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**E-filed 09/19/07**
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8 NOT FOR CITATION
9 IN THE UNITED STATES DISTRICT COURT
10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
11 SAN JOSE DIVISION
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13 JOHN DOE, Case Number C-07-04756 JF

14 Plaintiff, ORDER1 TO SHOW CAUSE

15 v.

16 THE DEPARTMENT OF CORRECTION, et al., [re: docket no.1]

17 Defendants.

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19 Plaintiff John Doe seeks to restrain Defendants from enforcing Cal. Penal Code

20 §3003.5(b) and (c), as amended by the Sexual Predator Punishment and Control Act (“SPPCA”),

21 also known as “Jessica’s Law.” These provisions prohibit any person required to register as a

22 sex offender, pursuant to Cal. Penal Code §290, from living within 2,000 feet of a school or park

23 where children regularly gather. Plaintiff is a person subject to these provisions. Having

24 reviewed Plaintiff’s pleadings, the Court concludes that Plaintiff has not made a sufficient factual

25 showing to warrant entry of a temporary restraining order at this juncture. However, because the

26 Court must construe the pleadings of pro se litigants liberally, it appears that Plaintiff may be

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This disposition is not designated for publication and may not be cited.

Case No. C-07-04756 JF

ORDER TO SHOW CAUSE
(JFLC3)
Dockets.Justia.com
 Case 5:07-mc-80227-JF Document 7 Filed 09/19/2007 Page 2 of 2

1 attempting to allege that the SSPCA is being given impermissible retroactive effect as to him.
2 See Doe v. Schwarzenegger, 476 F.Supp.2d 1178, 1180-81 (E.D.Cal. 2007).
3 Accordingly, within fourteen (14) court days, Defendants shall show cause as to why the
4 relief prayed for should not be granted. The matter will then be taken under submission without
5 further briefing or argument unless otherwise ordered.
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7 IT IS SO ORDERED.
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9 DATED: September 19, 2007 _____________________________
JEREMY FOGEL
10 United States District Judge
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Case No. C-07-04756 JF
ORDER TO SHOW CAUSE
(JFLC3)