Robinson v. Sisto et al

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 6/5/07. Petitioner's 2 Application to Proceed IFP is GRANTED. Respondents directed to file a Response to Petition w/in 30 days from date of service of Order. Petitioner's Traverse or R eply, if any, or Opposition of Statement of Non-Opposition shall be filed and served w/in 30 days of service of Response. Clerk shall serve a copy of Order together w/copy of Petition for Writ of Habeas Corpus on Michael Patrick Farrell, Senior Assistant Attorney General. (Marciel, M)

(HC) Robinson v. Sisto et al

Doc. 4

Case 2:07-cv-01003-FCD-CMK

Document 4

Filed 06/06/2007

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. D.K. SISTO, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's request for leave to proceed in forma pauperis (Doc. 1). Petitioner's petition will be addressed separately. Petitioner has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is unable to prepay fees and costs or give security therefor. Therefore, petitioner's motion for leave to proceed in forma pauperis will be granted. /// /// /// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

KEVIN DAVID ROBINSON, Petitioner,

No. CIV S-07-1003-FCD-CMK-P

ORDER

Case 2:07-cv-01003-FCD-CMK

Document 4

Filed 06/06/2007

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 granted;

The court has examined the petition as required by Rule 4 of the Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any attached exhibits that petitioner is not entitled to relief. See id. Respondents, therefore, will be directed to file a response to petitioner's petition. See id. If respondents answer the petition, such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases. Specifically, an answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issue(s) presented in the petition. See id. Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's motion for leave to proceed in forma pauperis (Doc. 1) is

2.

Respondents are directed to file a response to petitioner's petition within

30 days from the date of service of this order; 3. Petitioner's traverse or reply (if respondent files an answer to the petition),

if any, or opposition or statement of non-opposition (if respondent files a motion in response to the petition) shall be filed and served within 30 days of service of respondent's response; 4. The Clerk of the Court shall serve a copy of this order, together with a

copy of petitioner's petition for a writ of habeas corpus on Michael Patrick Farrell, Senior Assistant Attorney General.

DATED: June 5, 2007.

______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2