Dailey v. Martel

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/12/09 ORDERING that respondents are directed to file a response to petitioners habeas petitionwithin 60 days; Clerk of the Court shall serve a copy of this order, theconsent/reassignment form together with a copy of the petition for writ of habeas corpus on Michael Patrick Farrell. (cc Michael Farrell) (Dillon, M)

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. M. MARTEL, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 10, 2008, the court ordered petitioner to file further briefing addressing whether the claim raised in the petition was exhausted. On December 17, 2008, petitioner filed an order by the California Supreme Court denying his petition for review. 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. 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 1 ORDER JASON A. DAILEY, Petitioner, No. CIV S-08-1988 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases; 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 together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: January 12, 2009 /s/ Gregory G. Hollows

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dai1988.100