Sherman v. Yolo County Sheriff

Filing 6

ORDER signed by Magistrate Judge Carolyn K Delaney on 8/24/11: 2 Motion to Proceed IFP is granted. Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. The Clerk of the Court shall serve a copy of this order, the consent/reassignment form and a copy of the petition for writ of habeas corpus on AG Michael Patrick Farrell.(Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH A. SHERMAN,

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Petitioner,

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vs.
YOLO COUNTY SHERIFF,
Respondent.

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No. CIV-S-11-1537 CKD P

ORDER
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Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254, together with an application to proceed in forma pauperis.
Examination of the in forma pauperis application reveals that petitioner is unable

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to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

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granted. See 28 U.S.C. § 1915(a).

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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 habeas petition.

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

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1. Petitioner’s motion to proceed in forma pauperis is granted;

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2. Respondent is directed to file a response to petitioner’s habeas petition within

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sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer
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shall be accompanied by all transcripts and other documents relevant to the issues presented in

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the petition. See Rule 5, Fed. R. Governing § 2254 Cases;

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3. 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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4. 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 respondent’s reply, if any, shall be filed and served within fourteen

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days thereafter; and

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5. The Clerk of the Court shall serve a copy of this order, the

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

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

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Farrell, Senior Assistant Attorney General.

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Dated: August 24, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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sher1537.100

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