Abella v. Biter

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/15 ORDERING that Petitioner's motion 16 and respondent's requests 17 are granted; Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK ABELLA,

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No. 2:15-cv-0424 JAM KJN P

Petitioner,
v.

ORDER

M.D. BITER,
Respondent.

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Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 17, 2015, respondent filed a

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motion to dismiss this action as barred by the statute of limitations. On May 4, 2015, petitioner

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filed a document styled “Motion to Proceed with Habeas Petition[] and to have Equitable Tolling

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Granted.” (ECF No. 16.) On May 14, 2015, respondent noted that petitioner’s request was well-

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taken, and requested to withdraw the motion to dismiss, and asked the court to issue a briefing

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order. Petitioner’s motion and respondent’s requests are granted. Respondent is directed to file a

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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 motion (ECF No. 16) and respondent’s requests (ECF No. 17) are granted;

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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;

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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 thirty days after service of the answer; and
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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Dated: May 18, 2015

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/abel0424.100b

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