Nguyen
Nguyen v. Neuschmid
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
TIEN NGUYEN, Case No. 20-CV-00681-LHK
Petitioner,
ORDER TO SHOW CAUSE
v.
R. NEUSHMID, Respondent. 17 Petitioner, a state prisoner proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. Petitioner has paid the filing fee for this action. See Dkt. No. 7. For the reasons that follow, the Court orders respondent to show cause why the petition should not be granted. DISCUSSION A. Standard of Review This Court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). A district court shall “award the writ or issue an order directing the respondent to show cause why the writ should not…