HAMPTON v. McDONALD, CIV S-11-0541 WBS DAD P. (2012)
Court: District Court, E.D. California
Number: infdco20120307885
Visitors: 5
Filed: Mar. 05, 2012
Latest Update: Mar. 05, 2012
Summary: ORDER DALE A. DROZD, Magistrate Judge. Petitioner is a state prisoner proceeding pro se and in forma pauperis. In accordance with the court's December 9, 2011 order, petitioner has filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's amended habeas petition. In accordance with the above, IT IS HEREB
Summary: ORDER DALE A. DROZD, Magistrate Judge. Petitioner is a state prisoner proceeding pro se and in forma pauperis. In accordance with the court's December 9, 2011 order, petitioner has filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's amended habeas petition. In accordance with the above, IT IS HEREBY..
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ORDER
DALE A. DROZD, Magistrate Judge.
Petitioner is a state prisoner proceeding pro se and in forma pauperis. In accordance with the court's December 9, 2011 order, petitioner has filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's amended habeas petition.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Respondent is directed to file a response to petitioner's amended habeas petition within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer shall be accompanied by all transcripts and other documents relevant to the issues presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases;
2. 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; and
3. 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 within fourteen days thereafter.
Source: Leagle
