Knanishu v. Spearman

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 12/3/2014 VACATING the 8/15/14 findings and recommendations 17 ; respondent shall file a response to the amended petition within 60 days; and the Clerk shall serve a copy of this order, a copy of the amended petition and the Order re Consent on the Attorney General. (cc: Michael Farrell) (Yin, 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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KENNETH KNANISHU,

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Petitioner,

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No. 2:14-CV-0579-TLN-CMK-P

vs.

ORDER

SPEARMAN,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On June 17, 2014, the court directed petitioner to

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submit either a completed application for leave to proceed in forma pauperis or the full filing fee

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for this action within 30 days. As of August 15, 2014, petitioner had not complied and the court

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issued findings and recommendations that this action be dismissed for lack of prosecution and

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failure to comply with court rules and orders. Petitioner has now paid the filing fee. The August

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15, 2014, findings and recommendations will, therefore, be vacated.

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The court has examined petitioner’s amended petition as required by Rule 4 of the

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Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and

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any attached exhibits that petitioner is not entitled to relief. See id. Respondent(s), therefore,

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will be directed to file a response to petitioner’s petition. See id. If an answer to the petition is

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filed, such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases.

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Specifically, an answer shall be accompanied by any and all transcripts or other documents

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relevant to the determination of the issue(s) presented in the petition. See id. Failure to file a

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response within the time permitted by this order may result in the imposition of appropriate

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sanctions. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations issued on August 15, 2014, are

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Respondent(s) shall file a response to petitioner’s amended petition within

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vacated;

60 days from the date of service of this order;
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Petitioner’s traverse or reply (if an answer to the petition is filed), if any,

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or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall

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be filed and served within 30 days of service of respondent’s response; and

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4.

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

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copy of petitioner’s petition for a writ of habeas corpus and the court’s Order re: Consent or

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Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General.

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DATED: December 3, 2014
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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