Vines
Vines v. Hixon
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROOSEVELT VINES, Case No. 23-cv-05765-SVK
8 Petitioner,
ORDER TO SHOW CAUSE
9 v. Re: Dkt. No. 1 10 KEVIN HIXON, 11 Respondent.
12 I. INTRODUCTION 13 Petitioner, a state prisoner at the North Kern State Prison in Delano, California, filed a 14 petition for a writ of habeas corpus under 28 U.S.C. Sections 2241 and 2254. See Dkt. 1 (the 15 “Petition”). He has paid the filing fee and has consented to the jurisdiction of a magistrate judge. 16 See Dkt. 5. For the reasons stated below, Respondent is ordered to show cause why the Petition 17 should not be granted. 18 II. DISCUSSION 19 A. Background 20 In 2020, Petitioner was convicted and sentenced to a term of 50 years to life in the 21 California Superior Court for the County of Alameda under California Penal Code Sections 136.1, 22 187, 12022.53 and 29800. Petition ¶ 1. He pursued a direct appeal, and the California Supreme 23 Court denied review. Id. ¶ 2. His time to pursue an appeal to the United States…