Nilsen

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL DAVID NILSEN, Case No. 19-cv-02917-PJH Petitioner, 8

ORDER FOR RESPONDENT TO

9 v. SHOW CAUSE 10 LAKE COUNTY SUPERIOR COURT,

APPELLATE DEPT.,

11 Respondent. 12 13 Petitioner, a California probationer, filed a pro se petition for a writ of habeas 14 corpus pursuant to 28 U.S.C. § 2254. The amended petition was dismissed with leave to 15 amend and petitioner has filed a second amended petition. 16 BACKGROUND 17 Petitioner states that after being found guilty of driving while under the influence, 18 he was sentenced to 20 days jail time, nine months in DUI school, 116 hours of 19 community service and three years of probation. Second Amended Petition (“SAP”) at 2. 20 Petitioner further contends that the California Court of Appeal and California Supreme 21 Court denied his appeals. Id. 22 DISCUSSION 23 STANDARD OF REVIEW 24 This court may entertain a petition for writ of habeas corpus “in behalf of a person 25 …