Grim v. Sisto, et al

Filing 5

ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/21/09 ORDERING respondents to file a response to 1 Petition for Writ of Habeas Corpus 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 a copy of this order along w/ Petition for Writ of Habeas Corpus and a copy of the form re consent or reassignment on Michael Patrick Farrell. (cc: Michael Farrell)(Yin, K)

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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, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has paid the filing fee. 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. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondents are directed to file a response to petitioner's application within sixty 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. Because ///// 1 ORDER DARRYL GRIM, Petitioner, No. CIV S-08-1462 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 this petition challenges a denial of parole, the relevant documents should include the transcript of the August 9, 2007 parole hearing1 and any documents, reports or letters considered by the panel; 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, the consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court, and 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: January 21, 2009. 2/ke grim1462.100 If respondent agrees that the transcript and psychological evaluation attached as an exhibit to the petition are complete and correct, he need not provide second copies to the court, but may simply note his acceptance of this transcript and evaluation in his answer. 1 2

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