Peeler v. Kabban-Miller

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 07/13/11 ORDERING that the Petitioner shall submit an affidavit in support of his request to proceed IFP or the appropriate filing fee within 28 days; Response to petitioners habeas petition due within 60 days. The Clerk of the Court is directed to send petitioner a copy of the IFP form and Order re Consent. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRICE ANTHONY PEELER,
Petitioner,

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vs.

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No. CIV S-11-1785 GGH P

T. KABBAN-MILLER, Warden,
Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma

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pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a).

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Petitioner will be provided the opportunity to either submit the appropriate affidavit in support of

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a request to proceed in forma pauperis or submit the appropriate filing fee.
Since petitioner may be entitled to relief if the claimed violation of constitutional

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rights is proved, respondents 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 shall submit, within twenty-eight days from the date of this order, an

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affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee;

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petitioner's failure to comply with this order will result in the dismissal of this action;
2. The Clerk of the Court is directed to send petitioner a copy of the in forma

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pauperis form used by this district;
3. Respondents are directed to file a response to petitioner’s habeas petition

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

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answer shall be accompanied by all transcripts and other documents relevant to the issues

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presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases;
4. If the response to the habeas petition is an answer, petitioner’s reply, if any,

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shall be filed and served within twenty-eight days after service of the answer;
5. 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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6. 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

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

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Michael Patrick Farrell, Senior Assistant Attorney General.

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DATED: July 13, 2011

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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH:mp
peel1785.100ifpggh

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