Balbuena v. McDonald et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/2011. Respondents directed to file a Response to 8 Amended Habeas Petition w/in 60 days from date of Order. The Answer or Motion shall be filed and served w/in 60 days from date of this Ord er. Petitioner's Reply, Opposition, or Statement of Non-Opposition shall be filed and served w/in 28 days after service of responsive pleading. Clerk shall serve a copy of this Order, Consent/Reassignment forms, and a copy of Amended Petition on Michael Patrick Farrell, Senior Assistant Attorney General. (cc: M. Farrell) (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAVIER BALBUENA,

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Petitioner,
vs.
M.D. McDONALD, et al.,
Respondents.

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No. 2: 11-cv-0759 JAM KJN P

ORDER
/

Petitioner, a state prisoner proceeding without counsel, has filed a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is the amended

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petition filed May 4, 2011.

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Because petitioner may be entitled to relief if the claimed violation of

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constitutional rights is proved, respondents will be directed to file a response to petitioner’s

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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. Respondents are directed to file a response to petitioner’s amended habeas

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petition within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254

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Cases. An answer shall be accompanied by all transcripts and other documents relevant to the

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issues presented in the petition. See Rule 5, Fed. R. Governing § 2254 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 twenty-eight 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 twenty-eight days after

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

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days thereafter; and

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4. The Clerk of the Court shall serve a copy of this order, the consent/

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reassignment form contemplated by Appendix A(k) to the Local Rules of this court, and a copy

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of the amended petition for writ of habeas corpus (Dkt. No. 8) pursuant to 28 U.S.C. § 2254 on

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Michael Patrick Farrell, Senior Assistant Attorney General.

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DATED: June 14, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bal759.ame

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