Queen et al v. Attorney General of the State of California

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 1/3/08. Respondents directed to file a Response to Petition w/in 30 days from date of service of Order. Petitioner's Traverse or Reply, if any, or Opposition or Statement of Non-Opposition shall be filed and served w/in 30 days of service of respondents' Response. Clerk shall serve copy of Order together w/copy of Petition for Writ of Habeas Corpus on Michael Patrick Farrell, Senior Assistant Attorney General. (Marciel, M)

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(HC) Queen et al v. Attorney General of the State of California Doc. 3 Case 2:07-cv-02779-LKK-CMK Document 3 Filed 01/04/2008 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. DARREL ADAMS, 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 petition for a writ of habeas corpus (Doc. 1), filed on December 26, 2007. 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. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ALLEN D. QUEEN, Petitioner, No. CIV S-07-2779-LKK-CMK-P ORDER Case 2:07-cv-02779-LKK-CMK Document 3 Filed 01/04/2008 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 Accordingly, IT IS HEREBY ORDERED that: 1. Respondents are directed to file a response to petitioner's petition within 30 days from the date of service of this order; 2. Petitioner's traverse or reply (if respondents file an answer to the petition), if any, or opposition or statement of non-opposition (if respondents file a motion in response to the petition) shall be filed and served within 30 days of service of respondents' response; and 3. 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: January 3, 2008 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 2

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