Terry v. Warden of Folsom State Prison

Filing 3

ORDER signed by Judge Peter A. Nowinski on 9/22/05 ORDERING 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 an answer. Ptnr's opposition/non-opposition shall be filed w/in 30 days and resp's reply shall be filed w/in 15 days thereafter. The Clerk shall serve a copy of this order together w/ a copy of ptnr's 9/15/05 petition for writ of HC on AG Jo Graves. (cc: Jo Graves) (Girgis, C)

(HC) Terry v. Warden of Folsom State Prison

Doc. 3

Case 2:05-cv-01866-LKK-EFB

Document 3

Filed 09/22/2005

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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. Mark Shepherd, Respondent. -oOoPetitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. has paid the filing fee. 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, unless it appears from the application that the applicant or person detained is not entitled thereto." Petitioner may be entitled to relief. 28 U.S.C. § 2243. See 28 U.S.C. § 2254. Petitioner Shayne Kyle Terry, Petitioner, No. Civ. S 05-1866 LKK PAN P Order United States District Court Eastern District of California

Dockets.Justia.com

Case 2:05-cv-01866-LKK-EFB

Document 3

Filed 09/22/2005

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I therefore direct respondent to respond to petitioner's application within 60 days from the date of this order. 4, Fed. R. Governing § 2254 Cases. An answer shall be See Rule

accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. See Rule 5, Fed. R. Governing § 2254 Cases.

Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. If the response 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 respondents' 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 September 15, 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: September 22, 2005. /s/ Peter A. Nowinski PETER A. NOWINSKI Magistrate Judge

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