Phinney v. Salinas

Filing 7

ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/7/10 ORDERING Petitioner's request to proceed IFP 2 DENIED; respondent to file a response to petitioner's application within 60 days; petitioner's reply, if any, shall be filed and served within 30 days of service of an answer; the Clerk is directed to serve a copy of this order and a copy of petitioner's application on Jennifer Neill, Senior Asst. Atty General. (Carlos, 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 unnecessary; 2. Respondent is 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 1 vs. S. SALINAS, 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, respondent will be directed to file a response to petitioner's application. In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's request to proceed in forma pauperis (docket no. 2) is denied as ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD MICHAEL PHINNEY, Petitioner, No. CIV S-10-0564 FCD KJM P

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of the issues presented in the application. See Rule 5, Fed. R. Governing § 2254 Cases; Because this petition challenges a denial of parole, the relevant documents should include the transcript of the parole hearing and any documents, reports or letters considered by the panel; 3. Petitioner's reply, if any, shall be filed and served within thirty 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 thirty days of service of the motion, and respondent's reply, if any, shall be filed within fourteen days thereafter; and 5. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Jennifer Neill Senior Assistant Attorney General. DATED: May 7, 2010.

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