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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
STEPHEN FRANSWAY,
Petitioner,
v.
ANTHONY P. KANE, Warden,
Respondent.
/
No. C 06-06457 JSW
ORDER TO SHOW CAUSE
Petitioner, Stephen Fransway, a state prisoner, has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
BACKGROUND
Petitioner pled guilty to first degree murder with use of a firearm and was sentenced to
life with possibility of parole at seven years.
LEGAL CLAIMS
Petitioner does not challenge the validity of his underlying conviction or the resulting
sentence. Rather, Petitioner seeks federal habeas corpus relief by raising the claim that the
California Board of Prison Terms has violated his due process rights under the Ex Post Facto
Clause and has violated the Due Process Clause and Equal Protection Clause of the 14th
Amendment to the United States Constitution by its repeated denials of parole to Petitioner.
Liberally construed, the claims appear potentially colorable under 28 U.S.C. § 2254 and merit
an answer from Respondent.
Case 3:06-cv-06457-JSW Document 11 Filed 10/24/2006 Page 1 of 2
Fransway v. Kane
Doc. 11
Dockets.Justia.com
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CONCLUSION
For the foregoing reasons and for good cause shown:
1.
Petitioner shall serve by certified mail a copy of this Order and the petition and
all attachments thereto upon Respondent.
2.
Respondent shall file with the Court and serve on Petitioner, within 60 days of
the date of this Order, an answer conforming in all respects to Rule 5 of the
Rules Governing Section 2254 Cases, showing cause why a writ of habeas
corpus should not be issued. Respondent shall file with the answer and serve on
Petit