Feliz v. Sisto

Filing 9

ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/12/09 ORDERING that respondents are directed to file a response to petitioners application within 60 days from the date of this order. The Clerk of the Court shall serve a copy of this order, the consent/reassignment form and a copy of petitioners application for a writ of habeas corpus on Jennifer Neill. (Jennifer Neill) (Dillon, M)

ï î í ì ë ê é è ç ïð ïï ïî ïí ïì ïë ïê ïé ïè ïç îð îï îî îí îì îë îê ï vs. D.K. SISTO, Respondent. / 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. Because this petition challenges a denial of parole, the ORDER ARMANDO FELIZ, Petitioner, No. CIV S-08-1508 KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

PDF created with pdfFactory trial version www.pdffactory.com

ï î í ì ë ê é è ç ïð ïï ïî ïí ïì ïë ïê ïé ïè ïç îð îï îî îí îì îë îê

relevant documents should include the transcript of the August 8, 2006 parole hearing1 and any documents, reports or letters considered by the panel; See Rule 5, Fed. R. Governing § 2254 Cases; 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 Jennifer Neill, Senior Assistant Attorney General. January 12 2009 DATED: January 12,, 2008.

2/ feli1508.100

If respondent agrees that the transcript attached as an exhibit to the petition is complete and correct, he need not provide a second copy to the court, but may simply note his acceptance of this transcript in his answer.
ï

î

PDF created with pdfFactory trial version www.pdffactory.com