Wilson v. Yates

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/17/09 granting 6 Motion to Proceed IFP. Respondent shall file and serve either an answer or a motion in response to petitioner's application within 60 days from the date of this order. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. The clerk of the court shall serve a copy of this order with a copy of petitioner's 12/01/08 petition for a writ of habeas corpus with any and all attachments on Michael Farrell, Attorney General. The clerk of the court also shall serve on the Attorney General the consent form used in this court. (cc: Michael Farrell). (Plummer, M)

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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. JAMES A. YATES, Respondent. / Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. See 28 U.S.C. 2254. Petitioner seeks leave to proceed in forma pauperis. See 28 U.S.C. 1915(a). Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. A judge "entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. 2243. It is not apparent from the face of the application that the petitioner is not entitled to relief. //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TONY WILSON, Petitioner, No. CIV S-08-2885 EFB P ORDER 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 Accordingly, it is hereby ordered that: 1. Petitioner's request for leave to proceed in forma pauperis is granted. 2. Respondent shall file and serve either an answer or a motion in response to petitioner's application within 60 days from the date of this order. See Rule 4, Fed. R. Governing 2254 Cases. Any response shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. See Rules 4, 5, Fed. R. Governing 2254 Cases. 3. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer. 4. If the response to petitioner's application is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondents' reply, if any, shall be filed within 15 days thereafter. 5. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's December 1, 2008, petition for a writ of habeas corpus with any and all attachments on Michael Patrick Farrell, Senior Assistant Attorney General for the State of California. The Clerk of the Court also shall serve on the Senior Assistant Attorney General the consent form used in this court. Dated: July 17, 2009. 2

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