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Howard v. Woodford

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 21, 2008

RON HOWARD, JR., PETITIONER,
v.
JEANNE WOODFORD, RESPONDENT.

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge Sitting by Designation

ORDER

Petitioner Ron Howard, Jr., is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Under AEDPA, a federal court must evaluate a claim pursuant to the last reasoned state court decision. Shackleford v. Hubbard, 234 F.3d 1072, 1079 n.2 (9th Cir. 2000) (citing Ylst v. Nunnemaker, 501 U.S. 797, 803-04 (1991)).

On June 13, 2008, this court ordered respondent to provide the court with the California Superior Court order denying petitioner's application for a writ of habeas corpus, and the corresponding records, on or before June 29, 2008. On June 30, 2008, respondent filed a response to the court's order, but did not include the California Superior Court's order denying petitioner's application for a writ of habeas corpus. Respondent stated that petitioner failed to identify the county Superior Court in which petitioner sought relief.

Petitioner was convicted in Fresno County Superior Court on March 20, 2000, case no. 62830-9. Petitioner is currently incarcerated at Pleasant Valley State Prison, Coalinga, California. The California Court of Appeal denied petitioner's habeas petition filed in that court's case no. F048052. With this information, respondent should have no problem locating the California Superior Court order. Respondent is again ordered to so.

THEREFORE, respondent is ordered to show cause, on or before August 28, 2008, as to why it has yet to comply with the court's June 13, 2008 order requesting a copy of the Superior Court's decision.

20080821

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