Lucas v. Salinas

Filing 8

ORDER signed by Magistrate Judge Dale A. Drozd on 2/12/2010. Respondent directed to file response to Amended Petition w/in 60 days from the date of this Order. Response shall be filed and served w/in 30 days of service. Clerk shall serve a copy of Order, a copy of 2/4/2010 Amended Petition, and Consent form on Michael Patrick Farrell, Senior Asst. Attorney General. (Marciel, 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 vs. S.M. SALINAS, Warden, Respondent. / Petitioner is a state prisoner proceeding pro se. In accordance with the court's January 29, 2010 order, petitioner has filed a signed, amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's habeas petition. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondent is directed to file a response to petitioner's February 4, 2010 amended petition within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases; ///// 1 ORDER DANIEL LUCAS, Petitioner, No. CIV S-10-0136 DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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
DAD:9 luca0136.100

2. If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served within thirty days after service of the answer; 3. If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served within fifteen days thereafter; and 4. The Clerk of the Court shall serve a copy of this order, a copy of the February 4, 2010 amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, and a copy of the form regarding consent or request for reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: February 12, 2010.

2