Diaz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SURIAL DIAZ, Case No. 21-cv-00137-SVK

Plaintiff,

ORDER TO SHOW CAUSE

v.

PATRICK COVELLO, Defendant.

12 Petitioner Surial Diaz seeks federal habeas relief under 28 U.S.C. § 2254 from his state conviction and sentence. 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 be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. …