Tilton v. Kernan et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2017 DIRECTING the Respondent to file an answer or a motion to dismiss within 60 days from the date of this order. Petitioner's traverse, if any, or Opposition to a Motion to Dismiss is due on or before 30 days from the date respondent's filing. (cc USA)(Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL TILTON,

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Petitioner,

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No. 2:17-cv-1738 KJN P

v.

ORDER

SCOTT KERNAN, et al.,

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Respondents.

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Petitioner filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241,

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and paid the court’s filing fee.
Because petitioner may be entitled to the requested relief if the claimed violation of

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constitutional rights is proved, respondent will be directed to file an answer or a motion to

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dismiss.

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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 date of this order. If an answer is filed, respondent shall include with the answer any and all

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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 on or before thirty days from the date respondent’s

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answer is filed; an opposition to a motion to dismiss is due within thirty days of service of the

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motion to dismiss.

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3. The Clerk of the Court shall serve a copy of this order together with a copy of

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petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United

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States Attorney.

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Dated: August 28, 2017

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tilt1738.100.2241

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