Beltran v. Aitken et al

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 7/20/11 ORDERING that Respondent is directed to file an answer or a motion to dismiss within 30 days from the date of this order. If an answer is filed, respondent shall include with the answer an y and all transcripts or other documents relevant to the determination of the issues presented in the application. Petitioners reply, if any, is due on or before thirty days from the date respondents answer is filed; an opposition to a motion to dismiss is due within 30 days of service of the motion to dismiss.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

GIRLIE BELTRAN,

11
12
13

Petitioner,

No. 2: 11-cv-1857 KJN P

vs.
TIM AITKEN, et al.,

14

Respondents.

ORDER
/

15
16
17

Petitioner has filed an application for a writ of habeas corpus pursuant to 28
U.S.C. § 2241. Petitioner has paid the filing fee.

18

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

19

of constitutional rights is proved, respondent will be directed to file an answer or a motion to

20

dismiss.

21

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

22

1. Respondent is directed to file an answer or a motion to dismiss within thirty

23

days from the date of this order. If an answer is filed, respondent shall include with the answer

24

any and all transcripts or other documents relevant to the determination of the issues presented in

25

the application.

26

2. Petitioner’s reply, if any, is due on or before thirty days from the date
1

1

respondent’s answer is filed; an opposition to a motion to dismiss is due within thirty days of

2

service of the motion to dismiss.

3

DATED: July 20, 2011

4
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

5
6
7

bel1857.100

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2