Drake v Felker, et al

Filing 12

ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/11/09 ORDERING that respondents are directed to file a response to petitioners habeas petition within 60 days from the date of this order. The Clerk of the Court shall serve a copy of this order together with a copy of the petition for writ of habeas corpus on Michael Patrick Farrell. (cc Michael Farrell) (Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 vs. FELKER, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of ORDER DEAN C. DRAKE, Petitioner, No. CIV-S-07-0577 JKS KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

16 habeas corpus pursuant to 28 U.S.C. § 2254. Since petitioner may be entitled to relief if the 17 claimed violation of constitutional rights is proved, respondents will be directed to file a response 18 to petitioner's habeas petition. 19 20 In accordance with the above, IT IS HEREBY ORDERED that: 1 Respondents are directed to file a response to petitioner's habeas petition within

21 sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer 22 shall be accompanied by all transcripts and other documents relevant to the issues presented in the 23 petition. See Rule 5, Fed. R. Governing § 2254 Cases; 24 2. If the response to the habeas petition is an answer, petitioner's reply, if any,

25 shall be filed and served within thirty days after service of the answer; 26 /////

1

3. If the response to the habeas petition is a motion, petitioner's opposition or

2 statement of non-opposition to the motion shall be filed and served within thirty days after service 3 of the motion, and respondents' reply, if any, shall be filed and served within fifteen days 4 thereafter; and 5 5. The Clerk of the Court shall serve a copy of this order together with a copy of

6 the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, 7 Senior Assistant Attorney General. 8 DATED: February 11, 2009. 9 10 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
drak0577.100(12.13.07)