Lynott v. Carey

Filing 5

ORDER signed by Judge Craig M. Kellison on 4/5/06 ORDERING that: Resp is DIRECTED to file a response to ptnr's 1 Petition w/in 30 days; Ptnr's reply shall be filed w/in 30 days thereafter; the Clerk shall serve a copy of this order, together with a copy of Ptnr's 1 Petition on Jo Graves, Sr. Assistant Attorney General.(Brown, T)(cc: Jo Graves). Modified on 4/6/2006 (Brown, T).

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(HC) Lynott v. Carey Doc. 5 Case 2:06-cv-00595-MCE-CMK Document 5 Filed 04/06/2006 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 Docket entry no. 3 is the electronically filed petition. A paper version was originally filed on March 21, 2006, which is the filing date for this action. 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHRISTOPHER JAMES LYNOTT, Petitioner, vs. TOM CAREY, Warden, Respondent. / No. CIV S-06-0595-MCE-CMK-P ORDER Petitioner, a state prisoner proceeding with 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 for a writ of habeas corpus (Doc. 3), filed on March 21, 2006.1 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 Case 2:06-cv-00595-MCE-CMK Document 5 Filed 04/06/2006 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 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. Accordingly, IT IS HEREBY ORDERED that: 1. Respondent is directed to file a response to petitioner's petition within 30 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 30 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: April 5, 2006. ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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