Jones v. Virga

Filing 6

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/3/12 ORDERING that Petitioner's Application to proceed IFP 2 is GRANTED. Respondents are directed to file a response to Petitioner's habeas petition within sixty days from the date of this order. The Clerk shall serve a copy of this order, the consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court together with a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY WAYNE JONES,

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Petitioner,

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No. CIV S-12-1138 GGH P

vs.
TIM VIRGA , et. al.,

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Respondents.

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

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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma

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pauperis. Petitioner challenges a prison disciplinary finding that resulted in the loss of credits.

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Examination of the in forma pauperis application reveals that petitioner is unable

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to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

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granted. See 28 U.S.C. § 1915(a).

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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’s application to proceed in forma pauperis is granted;

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2. 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;

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3. If the response to the habeas petition is an answer, petitioner’s reply, if any,
shall be filed and served within twenty-eight days after service of the answer;

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4. 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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5. 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: May 3, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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jone1138.100

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