Andrew Rachal v. Robert W. Fox

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANDREW RACHAL, Case No. 17-cv-01254-PJH Plaintiff,

v. ORDER TO SHOW CAUSE

ROBERT W. FOX, Re: Dkt. No. 22 Defendant.

13 Petitioner, a state prisoner, filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was stayed so petitioner could exhaust his claims in state court. The stay has been lifted and petitioner has filed an amended petition. DISCUSSION STANDARD OF REVIEW This court may entertain a petition for 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). Habeas corpus petitions must meet heightened pleading requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of habeas corpus filed by a…