Fordjour v. Napolitano et al

Filing 36

[PARTIALLY VACATED PER 13 ORDER] ORDER signed by Magistrate Judge Gregory G. Hollows on 07/28/09 ORDERING that petitioner's 2 motion to proceed IFP is GRANTED; respondent to file a response to the petition within 30 days; reply due within 30 days of answer; if response is a motion, opposition or statement of non-opposition due within 30 days of motion; the clerk to serve a copy of this order, a copy of the petition and the Order re Consent on the US Attorney (cc: AUSA) [ORIGINALLY FILED IN CIV S-09-1923] (Plummer, M) Modified on 9/29/2009 (Plummer, 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 has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with a motion to proceed in forma pauperis. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Accordingly, the motion for leave to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a). Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondent will be directed to file an answer or a motion to dismiss. ///// ///// ///// 1 vs. ERIC H. HOLDER, JR., et al., Respondents. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES A. FORDJOUR, Petitioner, No. CIV S-09-1923 GGH P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 is granted;

In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's July 15, 2009 motion to proceed in forma pauperis (Docket No. 2)

2. Respondent is directed to file an answer or a motion to dismiss within thirty days from the date of this order. If an answer is filed, respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. 3. Petitioner's traverse, if any, is due on or before thirty days from the date respondent's answer is filed; an opposition to a motion to dismiss is due within thirty days of service of the motion to dismiss; 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. § 2241 on the United States Attorney. DATED: July 28, 2009 /s/ Gregory G. Hollows

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GGH:mp ford1923.100.2241

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE