Clemon v. People of the State of California

Filing 4

ORDER signed by Judge Peter A. Nowinski on 8/16/05 ORDERING Petitioner's IFP Application 2 GRANTED. Respondent is to respond to petitioner's petition w/in 60 days. Ptnr's reply, if any, shall be filed w/in 30 days of service of answ er. If the response to ptnr's petition is a motion, ptnr's opposition / non-opposition shall be filed w/in 30 days of service, and resp's reply, if any, shall be filed within 15 days thereafter. The Clerk shall serve a copy of this order together w/a copy of ptnr's 8/12/05 petition for a writ of HC on AG Jo Graves. (Krueger, M)

(HC) Clemon v. People of the State of California

Doc. 4

Case 2:05-cv-01610-MCE-EFB

Document 4

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. Scott Kernan, et al. Respondents. -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 Laundre' Clemon, Petitioner, No. Civ. S 05-1610 MCE 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,

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Case 2:05-cv-01610-MCE-EFB

Document 4

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 respondent1 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 12, 2005, petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Jo Graves, Senior Assistant Attorney General for the State of California. Dated: August 16, 2005. /s/ Peter A. Nowinski PETER A. NOWINSKI Magistrate Judge

Scott Kernan is added as a respondent. § 2254 Proceedings. 2

1

See Rule 2(a), Rules Governing