McCormack v. Jones

Background

Derek Steven McCormack, identified as a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The opinion states that he paid the full filing fee. The court also stated that, based on the face of the petition, the petition did not appear to be without merit.

Court’s Orders

The court ordered the Clerk to serve the order on Gena Jones, identified in the caption as the warden, and on the Attorney General of California as the respondent’s attorney. The Clerk was also ordered to mail a copy of the order to McCormack.

Within 60 days after the order’s issuance, Jones must file and serve an answer meeting the requirements of Rule 5 of the Rules Governing Section 2254 Cases. The answer must show cause why a writ of habeas corpus should not issue and must include relevant portions of the previously transcribed state-court record.

Instead of an answer, Jones may file a motion to dismiss on procedural grounds within the same 60-day period. If that occurs, McCormack has 60 days after receiving the motion to file an opposition or a statement that he does not oppose it, and Jones may file a reply within 14 days after receiving any opposition.

If McCormack responds to an answer, he must file a traverse. If he does not do so, the petition will be treated as submitted and ready for decision 60 days after he is served with the answer. The order also requires McCormack to keep the court and respondent informed of any address change, follow court orders, and serve respondent’s counsel with copies of his communications to the court. Future extension requests must be submitted at least seven days before the relevant deadline.

Disposition and Significance

Judge Araceli Martinez-Olguin issued an order to show cause and directed the respondent to answer or file a procedural motion. The court did not grant or deny the habeas petition and did not decide whether McCormack is entitled to relief. The opinion also does not state the specific underlying grounds of the petition.