Honable v. Warden

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/13 DIRECTING RESPONDENT to File a Response to Petition within 60 days.. Clerk to serve a copy of this order, a copy of the Petition and the Order re Consent on the Attorney General; 15 FINDINGS AND RECOMMENDATIONS are VACATED. (cc Michael Farrell)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS HONABLE,

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No. 2:13-cv-1203 JAM KJN P

Petitioner,
v.

ORDER

M.D. McDONALD,
Respondent.

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Petitioner is a state prisoner proceeding without counsel. Petitioner filed a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 19, 2013, the undersigned

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recommended that this action be dismissed based on petitioner’s failure to file an application to

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proceed in forma pauperis or pay the filing fee. Petitioner filed objections on November 27,

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2013, and on December 6, 2013, the court received petitioner’s $5.00 filing fee. Accordingly, the

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findings and recommendations are vacated..

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Because petitioner may be entitled to relief if the claimed violation of constitutional rights
is proved, respondent 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. The November 19, 2013 findings and recommendations (ECF No. 15) are vacated;

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2. Respondent is directed to file a response to petitioner’s habeas petition within sixty

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days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be
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accompanied by all transcripts and other documents relevant to the issues presented in the

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petition. See Rule 5, 28 U.S.C. foll. § 2254;
3. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be

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filed and served within thirty days after service of the answer;
4. If the response to the habeas petition is a motion, petitioner’s opposition or statement

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of non-opposition to the motion shall be filed and served within thirty days after service of the

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motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter;

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and

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5. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed

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Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.

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Dated: December 12, 2013

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hona1203.100f

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