Brown v. Fox

Filing 9

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/12/2016 GRANTING Petitioner's 1 Motion to Proceed in Forma Pauperis. Respondent is directed to file a response to petitioner's habeas petition within 60 days from the date of th is order. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition; If the response to the habeas petition is an answer, petitioner's reply, if any, shall be filed and served withi n 30 days after service of the answer; If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within 30 days after service of the motion, and respond ent's reply, if any, shall be filed and served within 14 days thereafter; and 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. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER BROWN,

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No. 2:16-cv-2285 GGH P
Petitioner,

v.

ORDER

ROBERT W. FOX, GOVERNOR
EDWARD G. BROWN, JR,
Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.
Examination of the in forma pauperis application reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See

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28 U.S.C. § 1915(a).

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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.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to proceed in forma pauperis is 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;

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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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and

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5. 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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IT IS SO ORDERED.
Dated: October 12, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH.Brown.2285.IFP.amm

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