Brooks v. McDonald

Filing 34

ORDER signed by Magistrate Judge Dale A. Drozd on 05/15/15 ordering respondent is directed to file a response to petitioner's habeas petition within 60 days from the date of this order. (See order for further details) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHARAOH E. BROOKS,

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Petitioner,

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No. 2:11-cv-1637 MCE DAD P

v.

ORDER

M. McDONALD, Warden,

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Respondent.

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On April 2, 2015, this court lifted the stay in this action and directed petitioner to file a

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second amended petition containing all of his exhausted claims. Petitioner has complied with the

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court’s order. 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. Respondent is directed to file a response to petitioner’s habeas petition within sixty

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days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be

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accompanied by all transcripts and other documents relevant to the issues presented in the

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petition. See Rule 5, 28 U.S.C. foll. § 2254;
2. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be

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filed and served within thirty days after service of the answer; and

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

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

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motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter.

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Dated: May 15, 2015

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DAD:9
broo1637.100

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