Gilmore v. Alameida

Filing 9

ORDER signed by Judge Kimberly J. Mueller on 12/1/06 ORDERING that the stay imposed in this matter on 4/8/05 is LIFTED. The Respondent is directed to file a response to peititoner's Habeas petition within 60 days from the date of this order. The clerk shall serve a copy of this order together with a copy of the petition for writ of HC on Michael Farrell. Case reopened. (cc Michael Farrell) (Donati, J)

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(HC) Gilmore v. Alameida Doc. 9 Case 2:04-cv-02395-GEB-KJM Document 9 Filed 12/04/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. EDWARD S. ALAMEIDA, Respondent. / Petitioner has filed an amended application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has paid the filing fee. Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's application. In accordance with the above, IT IS HEREBY ORDERED that: 1. The stay imposed in this matter on April 8, 2005 is lifted; 2. Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. See Rule 4, Fed. R. Governing 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing 2254 Cases; ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSHUA MARK GILMORE, Petitioner, No. CIV S-04-2395 GEB KJM P ORDER Case 2:04-cv-02395-GEB-KJM Document 9 Filed 12/04/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer; 4. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fifteen days thereafter; and 5. The Clerk of the Court shall serve a copy of this order together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: December 1, 2006. 1 gilm2395.100(5.18.06) 2

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