Mize v. Cate et al

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/2011 ORDERING that Ptnr's 2 Motion to Proceed IFP is GRANTED. Resp shall file a response to the habeas petition within 60 days. The Clerk shall serve a copy of this order, Ptnr's habeas petition and consent form on Michael Farrell. (cc: Michael Farrell) (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS WAYNE MIZE, SR.,
Petitioner,

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vs.

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No. CIV S-11-2007 KJM EFB P

M. CATE, et al.,
Respondents.

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ORDER
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Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus.

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See 28 U.S.C. § 2254. Petitioner seeks leave to proceed in forma pauperis. See 28 U.S.C.

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§ 1915(a).
Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford

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the costs of suit.

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A judge “entertaining an application for a writ of habeas corpus shall forthwith award the

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writ or issue an order directing the respondent to show cause why the writ should not be granted,

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unless it appears from the application that the applicant or person detained is not entitled

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thereto.” 28 U.S.C. § 2243. It is not apparent from the face of the application that the petitioner

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is not entitled to relief.

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Accordingly, it is hereby ordered that:

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1. Petitioner’s request for leave to proceed in forma pauperis is granted.

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2. Respondent shall file and serve either an answer or a motion in response to

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petitioner’s application within 60 days from the date of this order. See Rule 4, Fed. R.

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Governing § 2254 Cases. Any response shall be accompanied by any and all transcripts or other

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documents relevant to the determination of the issues presented in the application. See Rules 4,

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5, Fed. R. Governing § 2254 Cases.

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3. Petitioner’s reply, if any, shall be filed and served within 30 days of service of an
answer.
4. If the response to petitioner’s application is a motion, petitioner’s opposition or

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statement of non-opposition shall be filed and served within 30 days of service of the motion,

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and respondents’ reply, if any, shall be filed within 14 days thereafter.

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

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petitioner’s July 29, 2011 petition for a writ of habeas corpus with any and all attachments on

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Michael Patrick Farrell, Senior Assistant Attorney General for the State of California. The Clerk

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of the Court also shall serve on the Senior Assistant Attorney General the consent form used in

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this court.

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Dated: September 13, 2011.

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