Fontillas v. Arnold

Filing 5

ORDER signed by District Judge Morrison C. England, Jr on 3/8/2017 ORDERING Respondent is directed to file a response to petitioner's habeas petition within sixty days from the date of this order. An answer shall be accompanied by all transcript s and other documents relevant to the issues presented in the petition. 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; If the response to the habeas petition is a motion, petitioner's opposition or statement of non-opposition to the motion shall be filed and served within thirty days after service of the motion, and respondent's reply, if any, shall be filed and served withi n fourteen days thereafter; The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. (cc: M. Farrell) (Washington, S)

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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 CAESAR RAYMOND FONTILLAS, 12 Petitioner, 13 14 No. 2:16-cv-2799 MCE DB P v. ORDER ERIC ARNOLD, Warden, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 17 18 pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. Since petitioner may be entitled to relief if the claimed violation of constitutional rights is 19 20 proved, respondent will be directed to file a response to petitioner’s habeas petition. 21 In accordance with the above, IT IS HEREBY ORDERED that: 22 1. Respondent is directed to file a response to petitioner’s habeas petition within sixty 23 days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be 24 accompanied by all transcripts and other documents relevant to the issues presented in the 25 petition. See Rule 5, 28 U.S.C. foll. § 2254; 2. If the response to the habeas petition is an answer, petitioner’s reply, if any, shall be 26 27 filed and served within thirty days after service of the answer; 28 ///// 1 3. If the response to the habeas petition is a motion, petitioner’s opposition or statement 1 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 and 5 4. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed 6 Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus 7 pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. 8 Dated: March 8, 2017 9 10 11 12 13 DLB:9 DLB1/prisoner-habeas/font2799.100fee 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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