Brown v. Yates

Filing 4

ORDER signed by Judge Dale A. Drozd on 6/21/05 ORDERING that the 3 Petitioner's MOTION to PROCEED IFP is GRANTED; Respondents are directed to file a response to Ptnr's Writ for HC w/in 30 days. The Clerk shall serve a copy of this order and a copy of the Petition for Writ of HC on Jo Graves SAAG. (Sherman, T)

(HC) Brown v. Yates

Doc. 4

Case 2:05-cv-01195-LKK-DAD

Document 4

Filed 06/22/2005

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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. WARDEN YATES, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's habeas petition. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis is granted; 2. Respondents are directed to file a response to petitioner's habeas petition within thirty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD DON BROWN, Petitioner, No. CIV S-05-1195 LKK DAD P

ORDER

Case 2:05-cv-01195-LKK-DAD

Document 4

Filed 06/22/2005

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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; 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 respondents' 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 Jo Graves, Senior Assistant Attorney General. DATED: June 21, 2005.

DAD:13 brow1195.100

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