Wood v. Gastelo

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 05/15/17 ordering respondent to file a response to petitioner's habeas petition within 30 days from the date of this order. (Plummer, M)

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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 BENJAMIN RANDOLPH WOOD, 12 13 14 15 No. 2:16-cv-2621 MCE KJN P Petitioner, v. ORDER JOSIE GASTELO, Warden, Respondent. 16 17 Petitioner is a state prisoner, proceeding pro se and in forma pauperis. Petitioner is 18 pursuing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 21, 2017, 19 briefing was suspended pending respondent’s receipt of the Marsden hearing transcript. On May 20 8, 2017, petitioner filed objections, but appended a copy of the Marsden hearing transcript. 21 Therefore, the suspension is lifted, and a new briefing schedule is set forth below. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Respondent is directed to file a response to petitioner’s habeas petition within thirty 24 days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be 25 accompanied by all transcripts and other documents relevant to the issues presented in the 26 petition. See Rule 5, 28 U.S.C. foll. § 2254; 27 28 2. 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; and 1 1 3. If the response to the habeas petition is a motion, petitioner’s opposition or statement 2 of non-opposition to the motion shall be filed and served within thirty days after service of the 3 motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter. 4 Dated: May 15, 2017 5 6 7 8 /wood2621.100 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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