Schultz v. Hill

Filing 8

ORDER signed by Magistrate Judge Carolyn K Delaney on 8/10/11, ORDERING that respondent is directed to file a response to petitioner's 6 first amended habeas petition within 60 days from the date of this order. The Clerk shall serve a copy of this order together with a copy of the petition for writ of habeas corpus on Michael Patrick Farrell, Senior Assistant Attorney General. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH SCHULTZ,

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Petitioner,

Respondent.

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No. CIV S-11-0398 CKD P

ORDER

vs.
RICK HILL,

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/

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Petitioner, a state prisoner proceeding pro se, has filed an amended petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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Since petitioner may be entitled to relief if the claimed violation of constitutional

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rights is proved, respondent will be directed to file a response to petitioner’s first amended

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habeas petition.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Respondent is directed to file a response to petitioner’s first amended habeas

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petition (Dkt. No. #6) within sixty days from the date of this order. See Rule 4, Fed. R.

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Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other

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documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing § 2254

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Cases;
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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;

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3. If the response to the habeas petition is a motion, petitioner’s opposition or

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statement of non-opposition to the motion shall be filed and served within thirty days after

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service of the motion, and respondents’ reply, if any, shall be filed and served within fifteen days

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thereafter; and

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4. The Clerk of the Court shall serve a copy of this order together with a copy of

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the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell,

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Senior Assistant Attorney General.

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Dated: August 10, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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