Doss v. Carey et al

Filing 5

ORDER signed by Judge John F. Moulds on 4/7/2006 ORDERING: 2 Motion to Proceed IFP filed by Steven Doss is GRANTED; Respondents are directed to file an answer w/in 45 days from the date of this order; Petitioner's traverse, if any, is due on o r before 30 days from the date respondents' answer is filed;The Clerk of the Court shall serve a copy of this order together with a copy ofpetitioner's application for writ of habeas corpus on Jo Graves, Senior Assistant AttorneyGeneral.(Matson, R)

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(HC) Doss v. Carey et al Doc. 5 Case 2:06-cv-00723-ALA Document 5 Filed 04/10/2006 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 vs. TOM CAREY, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Accordingly, the request for leave to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a). Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file an answer. ///// ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA STEVEN DOSS, Petitioner, No. CIV S-06-0723 MCE PAN P ORDER Case 2:06-cv-00723-ALA Document 5 Filed 04/10/2006 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 /001; doss0723.100 In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's request to proceed in forma pauperis is granted; 2. Respondents are directed to file an answer within forty-five days from the date of this order. See Rule 4, Rules Governing Section 2254 Cases. Respondents shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Rule 5, Rules Governing Section 2254 Cases; 3. Petitioner's traverse, if any, is due on or before thirty days from the date respondents' answer is filed; 4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus on Jo Graves, Senior Assistant Attorney General. DATED: April 7, 2006. 2

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