Evans
Evans v. Black
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BURL EVANS, Case No. 22-cv-01723-VC
Petitioner, ORDER TO SHOW CAUSE v.
CINDY BLACK, Re: Dkt. No. 7 Respondent.
12 Burl Evans, who is being held in Napa State Hospital, has filed a petition for a writ of habeas corpus under 28 U.S.C. section 2254. Dkt. No. 1. Evans’ motion for leave to proceed in forma pauperis is denied as moot because he has paid the $5.00 filing fee. See Dkt. No. 9. According to the petition, Evans received a judgment from the Contra Costa County Superior Court of indefinite civil commitment. Dkt. No. 1 at 1. Evans also maintains that he is a pretrial detainee whose constitutional rights are being violated during an ongoing case. Id. Specifically, he asserts: (1) that he is receiving ineffective assistance of counsel; (2) his rights under Miranda are being violated by the failure to allow him to have an attorney present during interrogations by Napa Hospital staff; (3) compelling him to engage in…