Garibay v. Salinas

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/11: Respondents are directed to file a response to petitioner's application 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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GONZALO GARIBAY,

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Petitioner,

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vs.

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No. 2:11-cv-2165 KJN P

S.M. SALINAS,
Respondent.

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/

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Petitioner, a state prisoner proceeding without counsel, has filed an application for

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ORDER

a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
Because petitioner may be entitled to the requested relief if the claimed violation

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of constitutional rights is proved, respondents will be directed to file a response to petitioner’s

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application.

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

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1. Respondents are directed to file a response to petitioner’s application 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 any and all transcripts or other documents relevant to the determination

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of the issues presented in the application. See Rule 5, Fed. R. Governing § 2254 Cases;

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2. Petitioner’s reply, if any, shall be filed and served within twenty-eight days of

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service of an answer;
3. 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 twenty-eight days of service of the

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motion, and respondents’ reply, if any, shall be filed within fourteen days thereafter; and
4. The Clerk of the Court shall serve a copy of this order, the consent/

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

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

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Senior Assistant Attorney General.

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DATED: August 24, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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gari2165.100fee

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