Houston v. Sisto

Filing 3

ORDER signed by Judge Dale A. Drozd on 9/11/06 ORDERING that: resp is DIRECTED to file a response to ptnr's 1 Petition for Writ of Habeas Corpus w/in 30 days; ptnr's reply shall be filed and served w/in 30 days after the answer is served; the Clerk shall serve a copy of this order together with a copy of ptnr' 9/5/06 1 Petition on Michael Patrick Farrell, Sr. Assistant Attorney General. (cc:Michael Patrick Farrell)(Brown, T)

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(HC) Houston v. Sisto Doc. 3 Case 2:06-cv-01980-FCD-DAD Document 3 Filed 09/12/2006 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. D.K. SISTO, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has paid the required filing fee. Petitioner is challenging a judgment of conviction entered in the Sacramento County Superior Court on June 23, 2004. Petitioner is raising one issue presented to the state courts on direct appeal. Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to the petition. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondent is directed to file a response to petitioner's habeas petition within thirty days after this order is served. See Rule 4, Fed. R. Governing 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing 2254 Cases; 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM HOUSTON, Petitioner, No. CIV S-06-1980 FCD DAD P ORDER Case 2:06-cv-01980-FCD-DAD Document 3 Filed 09/12/2006 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 DAD:13:bb hous1980.100fee 2. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after the answer is served; 3. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after the motion is served, and respondent's reply, if any, shall be filed and served within fifteen days thereafter; and 4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's September 5, 2006 petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: September 11, 2006. 2

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