Alcaraz v. Giurbino

Filing 6

ORDER signed by Judge Peter A. Nowinski on 8/16/05 ORDERING: Ptnr's IFP Application 2 is GRANTED; Resp shall respond to ptnr's petition for HC w/in 60 days; Ptnr's reply shall be filed w/in 30 days of service of answer; If response t o ptnr's petition is a motion, ptnr's opposition/non-opposition shall be filed w/in 30 days thereafter, and resp's reply shall be filed w/in 15 days thereafter; Clerk shall serve copy of this order together w/copy of ptnr's 8/11/05 petition for writ of HC and brief in support of petition for HC on AG Jo Graves. (cc:Jo Graves) (Girgis, C) Modified on 8/17/2005 (Girgis, C).

(HC) Alcaraz v. Giurbino

Doc. 6

Case 2:05-cv-01597-LKK-EFB

Document 6

Filed 08/17/2005

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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. S. Ryan, Warden, Respondent. -oOoPetitioner, a state prisoner proceeding without counsel, applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and requested leave to proceed in forma pauperis. Examination of the in forma pauperis affidavit reveals petitioner is unable to afford the costs of suit. proceed in forma pauperis is granted. Leave to Teodoro Severiano Alcaraz, Petitioner, No. Civ. S 05-1597 LKK PAN P Order United States District Court Eastern District of California

See 28 U.S.C. § 1915(a).

A judge "entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted,

Dockets.Justia.com

Case 2:05-cv-01597-LKK-EFB

Document 6

Filed 08/17/2005

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unless it appears from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. § 2243. Petitioner may be entitled to relief. I therefore grant petitioner's request to proceed in forma pauperis and direct respondent to respond to petitioner's application within 60 days. Cases. See Rule 4, Fed. R. Governing § 2254

An answer shall be accompanied by any and all transcripts

or other documents relevant to the determination of the issues presented in the application. 2254 Cases. See Rule 5, Fed. R. Governing §

Petitioner's reply, if any, shall be filed and If the response

served within 30 days of service of an answer.

to petitioner's application is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondent's reply, if any, shall be filed within 15 days thereafter. The Clerk of the Court

shall serve a copy of this order together with a copy of petitioner's August 11, 2005, petition for a writ of habeas corpus and August 11, 2005, brief in support of petition for habeas corpus pursuant to 28 U.S.C. § 2254 on Jo Graves, Attorney General for the State of California. Dated: August 16, 2005. /s/ Peter A. Nowinski PETER A. NOWINSKI Magistrate Judge

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