Oseguera v. Corpus

Background

Daniel Oseguera, an inmate at the Maguire Correctional Facility, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. A habeas petition asks a federal court to review whether a person’s state custody violates federal law. Oseguera represented himself and paid the full filing fee.

The court stated that the petition did not appear meritless based on its face. The court therefore issued an order to show cause, which requires the respondent to explain why the requested writ should not issue.

Court’s Orders

The clerk was ordered to serve the order on Sheriff Christina Corpus and the Attorney General of California, identified as the respondent’s attorney, and to mail a copy to Oseguera.

Within 60 days after the order’s issuance, Corpus must file and serve an answer complying with Rule 5 of the Rules Governing Section 2254 Cases and include previously transcribed portions of the relevant state-court record. Alternatively, Corpus may file a motion to dismiss on procedural grounds instead of an answer. If that occurs, Oseguera may file an opposition or statement of non-opposition within 60 days after receiving the motion, and Corpus may file a reply within 14 days after receiving any opposition.

Oseguera may file a response within 60 days after receiving an answer. If he does not, the petition will be treated as submitted for decision after that period. The order also requires Oseguera to prosecute the case, keep the court and respondent informed of any address change, timely comply with court orders, and serve the respondent’s counsel with his court communications. Requests to extend deadlines must be filed at least seven days before the deadline expires.

Disposition and Classification

The court issued an order to show cause and set procedures for further proceedings. It did not grant or deny habeas relief and did not decide the petition’s underlying claims. The order is therefore a procedural order.