Dang v. Kernan
ORDER signed by Judge Craig M. Kellison on 11/02/05: respondent is directed to file a response to petitioner's petition within 30 days from the date of service of this order; the Clerk shall serve a copy of this order together with a copy of petitioner's petition on Jo Graves, Senior Assistant AG. (Attachments: # 1 Copy of Petition)(Kirkpatrick, S)
(HC) Dang v. Kernan
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. SCOTT M. KERNAN, Respondent. / Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's petition (Doc. 1). The court has examined the petition as required by Rule 4 of the Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any attached exhibits that petitioner is not entitled to relief. See id. Respondent, therefore, will be directed to file a response to petitioner's petition. See id. If respondent answers the petition, such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases. Specifically, an answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issue(s) presented in the petition. See id. 1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
SI VAN DANG, Petitioner,
No. CIV S-05-2157-LKK-CMK-P
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
Accordingly, IT IS HEREBY ORDERED that: 1. Respondent is directed to file a response to petitioner's petition within
thirty days from the date of service of this order; 2. Petitioner's traverse or reply (if respondent files an answer to the petition),
if any, or opposition or statement of non-opposition (if respondent files a motion in response to the petition) shall be filed and served within thirty days of service of respondent's response; and 3. The Clerk of the Court shall serve a copy of this order together with a
copy of petitioner's petition for a writ of habeas corpus on Jo Graves, Senior Assistant Attorney General.
DATED: November 2, 2005.
______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?