Oliver v. King

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/13/2016 ORDERING that the 8 findings and recommendations are hereby VACATED. Petitioner's 9 motion to proceed in forma pauperis is GRANTED. Respondent is directed to file a response to petitioner's habeas petition within sixty days from th date of this order. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. (cc: M. Farrell)(Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAFFAR Y. OLIVER, 12 No. 2:16-cv-1693 MCE CKD P Petitioner, 13 v. 14 AUDREY KING, 15 ORDER Respondent. 16 17 Petitioner, a civil detainee proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. He has also filed an application to proceed in forma 19 pauperis. 20 Examination of the in forma pauperis application reveals that petitioner is unable to afford 21 the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 22 28 U.S.C. § 1915(a). In addition, the undersigned will vacate its earlier recommendation that this 23 action be dismissed for failure to pay the filing fee or submit an in forma pauperis application. 24 25 Since 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. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. The September 13, 2016 findings and recommendations are hereby VACATED; 28 2. Petitioner’s motion to proceed in forma pauperis (ECF No. 9) is granted; 1 3. Respondent is directed to file a response to petitioner’s habeas petition within sixty 1 2 days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be 3 accompanied by all transcripts and other documents relevant to the issues presented in the 4 petition. See Rule 5, 28 U.S.C. foll. § 2254; 4. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be 5 6 filed and served within thirty days after service of the answer; 5. If the response to the habeas petition is a motion, petitioner’s opposition or statement 7 8 of non-opposition to the motion shall be filed and served within thirty days after service of the 9 motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter; 10 11 and 6. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed 12 Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus 13 pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. 14 Dated: October 13, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 2 / oliv1693.100 21 22 23 24 25 26 27 28 2

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