Sutton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 WALTER JAY SUTTON, Case No. 23-cv-00252-VKD

Plaintiff,

ORDER TO SHOW CAUSE

v.

C. KOENIG, Defendant.

13 Petitioner Walter Jay Sutton, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction in Santa Cruz County Superior Court. Dkt. No. 7 at 1. Mr. Sutton filed a motion for leave to proceed in forma pauperis, Dkt. No. 9, which was terminated as moot since he paid the filing fee. Dkt. No. 8. I. 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). It shall “award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears…