Biggs v. Moore, et al

Filing 8

ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/21/09 ORDERING that petitioner's 7 application to proceed ifp is GRANTED; respondents to file a response to 1 Petition for Writ of Habeas Corpus w/in 60 days; reply due w/in 30 days o f 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 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 ///// 1 vs. S.R. MOORE, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding with counsel, 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. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis is granted; ORDER JEFFREY J. BIGGS, Petitioner, Civ. No. S-08-1918 KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2. Respondents are directed to file a response to petitioner's 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. However, it appears that counsel for petitioner has attached the transcripts and materials relevant to the issues in this case. If respondent believes that the materials provided for by petitioner are complete and sufficient, he may say so in the answer and need not provide duplicates; 2. 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; 3. 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 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 the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Jennifer Neill, Senior Assistant Attorney General. DATED: January 21, 2009.

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