Ervin v. Sisto, et al

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/26/07. Petitioner's 4 Application to Proceed IFP is GRANTED. Respondents directed to file a Response to Habeas Petition w/in 30 days from date of Order. Petitioner's Reply, if any, shall be filed and serve w/in 30 days after service of Answer. If Response is a Motion, petitioner's Opposition or Statement of Non-Opposition to Motion, if any, shall be filed and served w/in 15 days thereafter. Clerk shall serve copy of Order together with copy of Petition for Writ of Habeas Corpus on Michael Patrick Farrell, Senior Assistant Attorney General. (Marciel, M)

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(HC) Ervin v. Sisto, et al Doc. 5 Case 2:07-cv-01093-FCD-GGH Document 5 Filed 06/26/2007 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 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LAMONT ERVIN, Petitioner, vs. D.K. SISTO, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. 1915(a). Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's habeas petition. ///// ///// ORDER No. CIV S-07-1093 FCD GGH P Case 2:07-cv-01093-FCD-GGH Document 5 Filed 06/26/2007 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 GGH:009 ervi1093.101a In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis is granted; 2. Respondents are directed to file a response to petitioner's habeas petition within thirty days from the date of this order. 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; 3. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer; 4. 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 service of the motion, and respondents' reply, if any, shall be filed and served within fifteen days thereafter; and 5. The Clerk of the Court shall serve a copy of this order together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: 6/26/07 /s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 2

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