Galdamez v. Arnold
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 4/27/2017 GRANTING 6 petitioner's motion for leave to proceed in forma pauperis and ORDERING respondent to file a response to 1 petition within 60 days from the date of service of this order. Clerk to serve a copy of this order, a copy of the 1 petition and the Order re Consent on the Attorney General. (cc: Michael Patrick Farrell, Senior Assistant Attorney General) (Henshaw, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ELBIN GALDAMEZ,
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No. 2:16-cv-2314-WBS-CMK-P
Petitioner,
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vs.
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ARNOLD,
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ORDER
Respondent.
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner seeks leave to proceed in forma pauperis. Petitioner has submitted the
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affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is unable to prepay fees and
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costs or give security therefor. The request will be granted.
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The court has examined petitioner’s petition as required by Rule 4 of the Federal
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Rules Governing Section 2254 Cases. It does not necessarily plainly appear from the petition
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and any attached exhibits that petitioner is not entitled to relief. See id. Respondent(s),
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therefore, will be directed to file a response to petitioner’s petition. See id. If an answer to the
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petition is filed, such answer must comply with Rule 5 of the Federal Rules Governing Section
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2254 Cases. Specifically, an answer shall be accompanied by any and all transcripts or other
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documents relevant to the determination of the issue(s) presented in the petition. See id. Failure
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to file a response within the time permitted by this order may result in the imposition of
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appropriate sanctions. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Petitioner’s motion for leave to proceed in forma pauperis (Doc. 6) is
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Respondent(s) shall file a response to petitioner’s petition within 60 days
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granted;
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: April 27, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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