Calderon v. Covello

Background

Juan Carlos Calderon, a state prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 challenging his state sentence from Santa Clara County Superior Court. The matter was transferred to the Northern District of California from the Eastern District of California, and Calderon paid the filing fee.

Claims

Calderon raised two grounds for relief: (1) that his felony-murder conviction was unconstitutional because of Senate Bill 1437, and (2) that his right to due process was violated when he was denied relief under Senate Bill 260.

Court’s analysis

The court explained that a federal court may grant relief under Section 2254 when a person is held under a state-court judgment in violation of the Constitution or federal law. At this initial stage, the court concluded that Calderon’s claims could be considered in a Section 2254 case and required a response from the respondent. The court did not decide the merits of either claim.

Order

The court ordered the clerk to serve the order on the respondent and the respondent’s attorney. The respondent must, within 90 days, file and serve an answer explaining why the petition should not be granted, along with relevant portions of the transcribed state trial record. The respondent may file a motion to dismiss on procedural grounds instead of an answer. If that occurs, Calderon must file an opposition or statement of non-opposition within 28 days, and the respondent may file a reply within 14 days after receiving an opposition.

The order also states that Calderon is responsible for prosecuting the case, serving the respondent with his communications, updating the court and the parties about any address change, and complying with court orders. Failure to do so may result in dismissal for failure to prosecute.