Salmon v. Adams

Filing 3

ORDER signed by Magistrate Judge Kimberly J. Mueller on 5/7/10 ORDERING respondent to file a response to petitioner's application for Writ of Habeas Corpus within 60 days from the date of this order; petitioner's reply, if any, shall be fil ed and served within 30 days of service of an answer; Clerk is directed to served a copy of this order together with a copy of the petitioner's application on Michael Patrick Farrell, Sr. Asst. Atty General; the Clerk is also directed to assign a district judge to this case. (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 vs. DERRAL G. ADAMS, Respondent. / Petitioner, a state prisoner proceeding with counsel, 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. 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 of the issues presented in the application. See Rule 5, Fed. R. Governing § 2254 Cases; ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES F. SALMON, Petitioner, No. CIV S-10-0595 KJM P

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1/kly

2. Petitioner's reply, if any, shall be filed and served within thirty days of service of an answer; 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 respondent's reply, if any, shall be filed within fourteen days thereafter; 4. 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 Michael Patrick Farrell, Senior Assistant Attorney General; and 5. The Clerk of the Court is directed to assign a District Judge to this case. DATED: May 7, 2010.

salm0595.100(3.16.10)

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