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Burton v. Parama

United States District Court, Ninth Circuit, California, E.D. California
Apr 30, 2015
2:14-cv-2602-CMK-P (E.D. Cal. Apr. 30, 2015)

Opinion


HARRISON L. BURTON, Petitioner, v. DANIEL PARAMA, Respondent. No. 2:14-cv-2602-CMK-P United States District Court, E.D. California. April 30, 2015

          ORDER

          CRAIG M. KELLISON, Magistrate Judge.

         Petitioner, a state prisoner proceeding with counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the action.

         Petitioner seeks leave to proceed in forma pauperis. Petitioner has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is unable to prepay fees and costs or give security therefor. The request will be granted.

         The court has examined petitioner's petition as required by Rule 4 of the Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any attached exhibits that petitioner is not entitled to relief. See id. Respondent(s), therefore, will be directed to file a response to petitioner's petition. See id. If an answer to the petition is filed, such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases. Specifically, an answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issue(s) presented in the petition. See id. Failure to file a response within the time permitted by this order may result in the imposition of appropriate sanctions. See Local Rule 110.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Petitioner's motion for leave to proceed in forma pauperis (Doc. 2) is granted;

         2. Respondent(s) shall file a response to petitioner's petition within 60 days from the date of service of this order;

         3. Petitioner's traverse or reply (if an answer to the petition is filed), if any, or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall be filed and served within 30 days of service of respondent's response; and

         4. The Clerk of the Court shall serve a copy of this order, together with a copy of petitioner's petition for a writ of habeas corpus and the court's Order re: Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General.


Summaries of

Burton v. Parama

United States District Court, Ninth Circuit, California, E.D. California
Apr 30, 2015
2:14-cv-2602-CMK-P (E.D. Cal. Apr. 30, 2015)
Case details for

Burton v. Parama

Case Details

Full title:HARRISON L. BURTON, Petitioner, v. DANIEL PARAMA, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 30, 2015

Citations

2:14-cv-2602-CMK-P (E.D. Cal. Apr. 30, 2015)