Rosiles v. Pfeiffer

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/15/2017 DIRECTING Petitioner to submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK RENE ROSILES,

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Petitioner,

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No. 2:17-cv-2600 GGH P

v.

ORDER

C. PFEIFFER,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis

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affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner

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will be provided the opportunity to either submit the appropriate affidavit in support of a request

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to proceed in forma pauperis or submit the appropriate filing fee.
Since petitioner may be entitled to relief if the claimed violation of constitutional rights is

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proved, respondent will be directed to file a response to petitioner’s habeas petition.

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

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1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

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support of his request to proceed in forma pauperis or the appropriate filing fee, Petitioner’s

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failure to comply with this order will result in the dismissal of this action;

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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis
form used by this District;

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3. Respondent is directed to file a response to petitioner’s habeas petition within sixty

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days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be

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accompanied by all transcripts and other documents relevant to the issues presented in the

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petition. See Rule 5, 28 U.S.C. foll. § 2254;

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4. 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;

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5. If the response to the habeas petition is a motion, petitioner’s opposition or statement

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of non-opposition to the motion shall be filed and served within thirty days after service of the

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motion, and respondent’s reply, if any, shall be filed and served within fourteen days thereafter;

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and

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6. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed

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Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 on Tami Krenzin, Supervising Deputy Attorney General.

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Dated: December 15, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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