Torres v. Tilton

Filing 12

ORDER signed by Magistrate Judge Craig M. Kellison on 2/5/09 ORDERING that respondents shall file a response to petitioners amended petition within 60 days from the date of service of this order; Petitioners traverse or reply, if any, or opposition o r statement of non-opposition shall be filed and served within 30 days of service of respondents response; and the Clerk of the Court shall serve a copy of this order, together with a copy of petitioners 7 amended petition for a writ of habeas corpus and the courts Order re: Consent or Request for Reassignment 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 Petitioner's amended petition correctly names Warden Adams as the respondent in this matter. The Clerk of the Court is directed to update the docket. 1
1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

GEORGE NOTCHAL TORRES, Petitioner, vs. Derral G. Adams,1 Respondent. /

No. CIV S-08-2742-WBS-CMK-P

ORDER

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's amended petition for a writ of habeas corpus (Doc. 7). The court has examined the petition as required by Rule 4 of the Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any attached exhibits that petitioner is not entitled to relief. See id. Respondent(s), therefore, will be directed to file a response to petitioner's petition. See id. If an answer to the petition is filed, such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases.

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

Specifically, an answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issue(s) presented in the petition. See id. Accordingly, IT IS HEREBY ORDERED that: 1. Respondent(s) shall file a response to petitioner's amended petition within

60 days from the date of service of this order; 2. Petitioner's traverse or reply (if an answer to the petition is filed), if any,

or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall be filed and served within 30 days of service of respondent's response; and 3. The Clerk of the Court shall serve a copy of this order, together with a

copy of petitioner's amended petition for a writ of habeas corpus (Doc. 7) and the court's Order re: Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General.

DATED: February 5, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2