Bennett v. Lynch

Opinion

1 2 3 6 7 JABRIE BENNETT, Case No. 20-cv-05675-WHO

8 Petitioner, ORDER TO SHOW CAUSE v. 9 Re: Dkt. No. 1 Respondent. 11

12 13 Petitioner Jabrie Bennett, a prisoner of the State of California, filed a habeas corpus 14 petition pursuant to 28 U.S.C. § 2254. Dkt. No. 1. Petitioner has paid the $5.00 filing fee. His 15 petition sets forth one claim challenging the constitutionality of his conviction in state court: 16 violation of Petitioner’s Fourteenth Amendment right to equal protection when the trial court 17 denied his motion pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), regarding a dismissed 18 Black juror. 19 This claim, when liberally construed, is cognizable and potentially meritorious. Good 20 cause appearing, Respondent is hereby ordered to show cause why the petitioner should not be 21 granted. 22 To facilitate resolution of this case, it is further ordered as follows: 23 1. Petitioner shall serve Respondent and Respondent’s attorney, the Attorney General 24 of the State of California, with a copy of this order and the petition with all 25 attachments. 26 2. Consistent with Habeas Local Rule 2254-6, Respondent shall file with the Court 27 and serve on Petitioner, within 60 days of service of the petition and this order, an 1 Cases, showing cause why a writ of habeas corpus should not be granted based on 2 the claims found cognizable herein. Respondent shall file with the answer and 3 serve on Petitioner a copy of all portions of the state trial record that have been 4 transcribed previously and that are relevant to a determination of the issues 5 presented by the petition. 6 3. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with 7 the court and serving it on Respondent within 30 days of the date the answer is 8 filed. 9 4. Respondent may file, within 60 days, a motion to dismiss on procedural grounds, in 10 lieu of an answer, as set forth in the Advisory Committee Notes to Rule 4 of the 11 Rules Governing Section 2254 Cases. If Respondent files such a motion, Petitioner 12 shall file with the court and serve on Respondent an opposition or statement of non- 13 opposition within 30 days of the date the motion is filed, and Respondent shall file 14 with the Court and serve on Petitioner a reply within 14 days of the date any 3 15 opposition is filed. 5 17 Dated: January 4, 2021 . 19 Iham H. Orrick 20 United States District Judge 21 22 23 24 25 26 27 28