Jones v. Kern Valley State Prison
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/15/15 ordering respondent is directed to file a response to the amended habeas petition within 60 days from the date of this order. The Clerk of the Court shall serve a copy of this order, a copy of the Consent to proceed before Magistrate Judge Form and a copy of the petition for writ of habeas corpus on Michael Farrell, Attorney General. Also, RECOMMENDING that claim 4 of the amended petition be dismissed with prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (cc: Michael Farrell, Attorney General) (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY JONES,
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No. 2:14-cv-0486 JAM GGH P
Petitioner,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
WARDEN, KERN VALLEY STATE
PRISON,
Respondent.
Petitioner, a state prisoner proceeding pro se with an amended petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
By order of November 3, 3012, petitioner was directed to file the pages missing from his
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amended petition (ECF No. 15) within twenty-one days. Petitioner has not responded to that
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order. Since the missing pages pertain to Ground Four of the amended petition, that claim will be
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dismissed on findings and recommendations and the amended petition will proceed with Claims
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One through Three only.
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Since petitioner may be entitled to relief if the claimed violation of constitutional rights is
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proved, respondent will be directed to file a response to Claims One through Three only of
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petitioner’s amended petition.
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Accordingly, IT IS HEREBY RECOMMENDED that: Claim Four of the amended
petition be dismissed with prejudice.
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These findings and recommendations will be submitted to the United States District Judge
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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Findings and Recommendations.” Any response to the objections shall be filed
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and served within fourteen days after service of the objections. The parties are advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS ORDERED that:
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1. Respondent is directed to file a response to petitioner’s amended habeas petition within
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sixty 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;
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2. If the response to the amended habeas petition is an answer, petitioner’s reply, if any,
shall be filed and served within thirty days after service of the answer;
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3. If the response to the amended 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 thirty days after service
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of the motion, and respondent’s reply, if any, shall be filed and served within fourteen days
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thereafter; and
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4. 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: January 15, 2015
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
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GGH:076
jone0486.100
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