Burton v. Parama
ORDER signed by Magistrate Judge Craig M. Kellison on 4/30/15: Motion for leave to proceed in forma pauperis 2 is granted. Respondent(s) shall file a response to petition within 60 days from the date of service of this orde r. Petitioner's traverse or reply or statement of non-opposition shall be filed and served within 30 days of service of respondent's response. The Clerk of the Court shall serve a copy of this order, together with a copy of petition for a writ of habeas corpus and the court's Order re: Consent or Request for Reassignment on AG Michael Patrick Farrell. (Kaminski, H)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
HARRISON L. BURTON,
Petitioner, a state prisoner proceeding with counsel, brings this petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge
jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the
Petitioner seeks leave to proceed in forma pauperis. Petitioner has submitted the
affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is unable to prepay fees and
costs or give security therefor. The request will be granted.
The court has examined petitioner’s petition as required by Rule 4 of the Federal
Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any
attached exhibits that petitioner is not entitled to relief. See id. Respondent(s), therefore, will be
directed to file a response to petitioner’s petition. See id. If an answer to the petition is filed,
such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases.
Specifically, an answer shall be accompanied by any and all transcripts or other documents
relevant to the determination of the issue(s) presented in the petition. See id. Failure to file a
response within the time permitted by this order may result in the imposition of appropriate
sanctions. See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
Petitioner’s motion for leave to proceed in forma pauperis (Doc. 2) is
Respondent(s) shall file a response to petitioner’s petition within 60 days
from the date of service of this order;
Petitioner’s traverse or reply (if an answer to the petition is filed), if any,
or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall
be filed and served within 30 days of service of respondent’s response; and
The Clerk of the Court shall serve a copy of this order, together with a
copy of petitioner’s petition for a writ of habeas corpus and the court’s Order re: Consent or
Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General.
DATED: April 30, 2015
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?