Alfieri v. Collins

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 3/3/2017 ORDERING the respondent to file an answer or motion to dismiss re 1 Petition for Writ of Habeas Corpus within sixty days; ORDERING the petitioner to file a traverse, if any, within thirty days of service of the respondent's answer, or an opposition to a motion to dismiss within thirty days of service of said motion; DIRECTING the Clerk of Court to serve on the U.S. Attorney a copy of this order and a copy of the 1 Petition for Writ of Habeas Corpus. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFEREY W. ALFIERI,

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No. 2:16-cv-02668 MCE AC P

Petitioner,
v.

ORDER

MR. COLLINS, Warden,
Respondent.

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Petitioner has filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241,
and paid the filing fee. See ECF No. 1.
Petitioner is serving a federal sentence in Texas (previously in Colorado), at the

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conclusion of which he anticipates being transferred to the custody of the State of California

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pursuant to a December 2014 sentence imposed by the Sacramento County Superior Court. The

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instant petition seeks, inter alia, that the State of California immediately assume primary

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jurisdiction of his custody. Since petitioner may be entitled to the requested relief if the claimed

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violation of rights is proved, respondent will be directed to file a response.

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

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1. Respondent is directed to file an answer or a motion to dismiss within sixty days from

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the filing date of this order. If an answer is filed, respondent shall include with the answer any
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and all transcripts or other documents relevant to the determination of the issues presented in the

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application.

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2. Petitioner’s traverse, if any, is due within thirty days from the date of service of

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respondent’s answer; an opposition to a motion to dismiss is due within thirty days from the date

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of service of the motion to dismiss.

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3. The Clerk of the Court is directed to serve on the United States Attorney a copy of this

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order together with a copy of petitioner’s application for a writ of habeas corpus pursuant to 28

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U.S.C. § 2241.

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SO ORDERED.

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DATED: March 3, 2017

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