Collier v. Felker

Filing 5

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND ORDER TO SHOW CAUSE. Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Tremayne Collier.. Signed by Judge Claudia Wilken on 2/7/08. (scc, COURT STAFF) (Filed on 2/7/2008)

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Collier v. Felker Doc. 5 Case 3:07-cv-05964-SI Document 5 Filed 02/07/2008 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff names Tom Felker, Warden of High Desert State Prison, as Respondent. On December 26, 2007, Petitioner filed a notice that he was moved from High Desert State Prison to Kern Valley State Prison. The Clerk of the Court shall substitute Anthony Hedgpeth, Warden of Kern Valley State Prison, as Respondent. See Rule 25(d)(1) of the Federal Rules of Civil Procedure (if a public officer who is a party to a lawsuit ceases to hold office or resigns, the officer's successor is automatically substituted as a party). 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 07-5964 CW PR ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND ORDER TO SHOW CAUSE TREMAYNE J. COLLIER, Petitioner, v. ANTHONY HEDGPETH, Warden, Respondent. / Petitioner, a state prisoner currently incarcerated at Kern Valley State Prison in Delano, California, has filed an application to proceed in forma pauperis (IFP) and this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254.1 the Court hereby issues the following orders: The application to proceed IFP is granted. The Clerk of the Good cause appearing, Court shall serve a copy of this Order and the petition and all attachments thereto upon Respondent and Respondent's attorney, the Dockets.Justia.com Case 3:07-cv-05964-SI Document 5 Filed 02/07/2008 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorney General of the State of California. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) days of the issuance of this Order, an answer conforming in all respects to Rule 5 of the Rules Governing Section 2254 Cases, 28 U.S.C. foll. 2254, showing cause why a writ of habeas corpus should not be issued. Respondent shall file with the answer a copy of all portions of the state record that have been previously transcribed and that are relevant to a determination of the issues presented by the petition. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the Court and serving it upon Respondent within thirty (30) days of his receipt of the answer. IT IS SO ORDERED. Dated: 2/7/08 CLAUDIA WILKEN United States District Judge 2 Case 3:07-cv-05964-SI Document 5 Filed 02/07/2008 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 7, 2008 Tremayne Collier V-60930 Kern Valley State Prison P.O. Box 5102 B3-130 Delano, CA 93216 TREMAYNE J. COLLIER, Plaintiff, v. TOM FELKER et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV07-05964 CW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 7, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Attorney General State of California 455 Golden Gate Avenue, #11000 San Francisco, CA 94102 Anthony Hedgpeth, Warden Kern Valley State Prison P.O. Box 6000 Delano, CA 93216-6000 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 3

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