Fransway v. Kane Doc.

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Case 3:06-cv-06457-JSW Document 11 Filed 10/24/2006 Page 1 of 2

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6 IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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9 STEPHEN FRANSWAY,
10 Petitioner, No. C 06-06457 JSW
11 v.
United States District Court
For the Northern District of California

12 ANTHONY P. KANE, Warden, ORDER TO SHOW CAUSE

13 Respondent.
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15 Petitioner, Stephen Fransway, a state prisoner, has filed a petition for a writ of habeas
16 corpus pursuant to 28 U.S.C. § 2254.
17 BACKGROUND
18 Petitioner pled guilty to first degree murder with use of a firearm and was sentenced to
19 life with possibility of parole at seven years.
20 LEGAL CLAIMS
21 Petitioner does not challenge the validity of his underlying conviction or the resulting
22 sentence. Rather, Petitioner seeks federal habeas corpus relief by raising the claim that the
23 California Board of Prison Terms has violated his due process rights under the Ex Post Facto
24 Clause and has violated the Due Process Clause and Equal Protection Clause of the 14th
25 Amendment to the United States Constitution by its repeated denials of parole to Petitioner.
26 Liberally construed, the claims appear potentially colorable under 28 U.S.C. § 2254 and merit
27 an answer from Respondent.
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 Case 3:06-cv-06457-JSW Document 11 Filed 10/24/2006 Page 2 of 2

1 CONCLUSION
2 For the foregoing reasons and for good cause shown:
3 1. Petitioner shall serve by certified mail a copy of this Order and the petition and
4 all attachments thereto upon Respondent.
5 2. Respondent shall file with the Court and serve on Petitioner, within 60 days of
6 the date of this Order, an answer conforming in all respects to Rule 5 of the
7 Rules Governing Section 2254 Cases, showing cause why a writ of habeas
8 corpus should not be issued. Respondent shall file with the answer and serve on
9 Petitioner a copy of all portions of the administrative record that are relevant to a
10 determination of the issues presented by the petition.
11 3. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse
United States District Court
For the Northern District of California

12 with the Court and serving it on Respondent within 30 days of his receipt of the
13 answer.
14 IT IS SO ORDERED.
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16 Dated: October 24, 2006
JEFFREY S. WHITE
17 UNITED STATES DISTRICT JUDGE
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