Johnson v. Jacquez

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/11/2010 ORDERING that petitioner's 2 request to proceed IFP is GRANTED; respondent to file a response to the petition w/in 60 days; reply due w/in 30 days of answer; if response is a moti on, opposition or statement of non-opposition due w/in 30 days of motion, reply due w/in 14 days thereafter; the clerk to serve a copy of this order, a copy of the 7/30/09 petition, including the 7/30/09 motion to stay, and the Order re Consent on the Attorney General.(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 vs. FRANCISCO JACQUEZ, 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. ////
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JASON WILBERT JOHNSON, Petitioner, No. CIV S-09-2108 EFB P

ORDER

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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 14 days thereafter. 5. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's July 30, 2009 petition for a writ of habeas corpus with any and all attachments, including the July 30, 2009 motion to stay, 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: February 11, 2010.

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