Kane v. Steve Moore

Filing 12

ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/16/09 ORDERING respondents to file a response to the 11 amended hc petition w/in 60 days; reply due w/in 30 days of answer; if response is a motion, opposition or statement of non-opposition due w/in 30 days of motion, reply due w/in 15 days thereafter; and clerk to serve copies of this order along w/ the petition for writ of habeas corpus on Jennifer Neill. (cc: Jennifer Neill) (Yin, K)

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. STEVE MOORE, Warden, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the filing fee. 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 amended habeas petition. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondents are directed to file a response to petitioner's amended habeas petition within sixty 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. Because this petition challenges a denial of parole, the relevant documents should include the transcript of the November 7, 2007 parole hearing and any documents, reports or letters considered by the panel; 1 ORDER MORGAN KANE, Petitioner, Civ. No. S 08-1268 MCE KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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
2 kane1268.100

2. If the response to the amended habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer; 3. If the response to the amended 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 4. The Clerk of the Court shall serve a copy of this order together with a copy of the amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Jennifer Neill, Senior Assistant Attorney General. DATED: April 16, 2009.

2