Galdamez v. Arnold

Filing 9

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELBIN GALDAMEZ, 12 No. 2:16-cv-2314-WBS-CMK-P Petitioner, 13 vs. 14 ARNOLD, 15 16 17 18 19 ORDER Respondent. / 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 20 affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is unable to prepay fees and 21 costs or give security therefor. The request will be granted. 22 The court has examined petitioner’s petition as required by Rule 4 of the Federal 23 Rules Governing Section 2254 Cases. It does not necessarily plainly appear from the petition 24 and any attached exhibits that petitioner is not entitled to relief. See id. Respondent(s), 25 therefore, will be directed to file a response to petitioner’s petition. See id. If an answer to the 26 petition is filed, such answer must comply with Rule 5 of the Federal Rules Governing Section 1 1 2254 Cases. Specifically, an answer shall be accompanied by any and all transcripts or other 2 documents relevant to the determination of the issue(s) presented in the petition. See id. Failure 3 to file a response within the time permitted by this order may result in the imposition of 4 appropriate sanctions. See Local Rule 110. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Petitioner’s motion for leave to proceed in forma pauperis (Doc. 6) is 2. Respondent(s) shall file a response to petitioner’s petition within 60 days 7 8 9 10 granted; from the date of service of this order; 3. Petitioner’s traverse or reply (if an answer to the petition is filed), if any, 11 or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall 12 be filed and served within 30 days of service of respondent’s response; and 13 4. The Clerk of the Court shall serve a copy of this order, together with a 14 copy of petitioner’s petition for a writ of habeas corpus and the court’s Order re: Consent or 15 Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. 16 17 18 19 DATED: April 27, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 2

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