Porteous v. Kernan

Filing 5

ORDER granting 3 Motion to Proceed IFP signed by Magistrate Judge Craig M. Kellison on 5/23/17: Respondent(s) shall file a response to petition within 60 days from the date of service of this order. The Clerk of the Court shall serve a copy of this order, together with a copy of petition for a writ of habeas corpus and the court's Order re: Consent or Request for Reassignment on AG Michael Patrick Farrell.(Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY BRIAN PORTEOUS,

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No. 2:16-cv-2406-CMK-P

Petitioner,
vs.

ORDER

SCOTT KERNAN,
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

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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. 3) 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: May 23, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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