Stephenson v. Subia et al

Filing 3

ORDER signed by Judge Dale A. Drozd on 04/16/07: Respondents are directed to file a response to petitioner's 1 habeas petition within 30 days from the date of this order; petitioner's reply, if any, shall be filed and served within 30 days of serve of an answer; the Clerk shall serve a copy of this order together with a copy of petitioner's habeas petition on Michael Farrell, Senior Assistant AG. (Kirkpatrick, S)

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(HC) Stephenson v. Subia et al Doc. 3 Case 2:07-cv-00625-RRB-DAD Document 3 Filed 04/17/2007 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. R.J. SUBIA, Warden, et al., Respondents. / Petitioner, a state prisoner at Mule Creek State Prison, is proceeding pro se and has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has paid the filing fee. In 1976, petitioner was convicted of first degree murder with use of a firearm in the Alameda County Superior Court. In this action, petitioner is challenging the denial of parole in his case by the Board of Parole Hearings in 2006. 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. ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRANK STEPHENSON, Petitioner, No. CIV S-07-0625 DFL DAD P ORDER Case 2:07-cv-00625-RRB-DAD Document 3 Filed 04/17/2007 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:mp/4 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; 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: April 16, 2007. step0625.100fee 2

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