Magee v. Walker

Filing 7

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/13/2009 ORDERING respondents to file a response to 1 Petition for Writ of Habeas Corpus w/in 60 days; reply due w/in 30 days of 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 Michael Patrick Farrell. (cc: Michael Farrell)(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 of an answer; 1 vs. JAMES WALKER, 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. See Rule 5, Fed. R. Governing § 2254 Cases; 2. Petitioner's reply, if any, shall be filed and served within thirty days of service ORDER RUNAKO MAGEE, Petitioner, No. CIV S-09-0047 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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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 together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: January 13, 2009 /s/ Gregory G. Hollows

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GGH:mp mage0047.100feeggh

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE