Carr, Jr. v. Cate

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/26/2010 ORDERING that Resps are to file a response to Ptnr's application within 60 days. The Clerk shall serve a copy of this order, consent order and copy of habeas application on Michael Farrell. (cc: Michael Farrell) (Zignago, K.)

(HC) Carr, Jr. v. Cate

Doc. 5

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. MATTHEW CATE, 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 challenges the denial of parole by the Board of Parole Hearings. Petitioner has paid the filing fee. Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's application. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondents are 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
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES H. CARR, JR., Petitioner, No. CIV S-10-1778 GGH P

ORDER

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2. Petitioner's reply, if any, shall be filed and served within twenty-eight 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 twenty-eight days of service of the motion, and respondents' reply, if any, shall be filed within fourteen days thereafter; and 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. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: July 26, 2010 /s/ Gregory G. Hollows

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GGH:mp carr1778.100fee

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE