Howie v. Subia

Filing 6

ORDER signed by Judge Dale A. Drozd on 03/16/07 ORDERING that respondent is directed to file a response to petitioner's application within 30 days from the date of this order. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. Clerk shall serve a copy of this order together with a copy of petitioner's application for a writ on Michael Farrell, DAG. (cc: Michael Farrell). (Duong, D)

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(HC)Howie v. Subia Doc. 6 Case 2:07-cv-00453-FCD-DAD Document 6 Filed 03/19/2007 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. RICHARD SUBIA, Warden, Respondents. / Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's application. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondents are directed to file a response to petitioner's application within thirty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer shall be 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; ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DENNIS RAY HOWIE, Petitioner, No. CIV S-07-0453 FCD DAD P ORDER Case 2:07-cv-00453-FCD-DAD Document 6 Filed 03/19/2007 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/bb howi0453.100f 2. Petitioner's reply, if any, shall be filed and served within thirty days of service of an answer; 3. If the response to petitioner's application is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within thirty days of service of the motion, and respondents' reply, if any, shall be filed 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 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: March 16, 2007. 2

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