Ameral v. Hubbard

Full title: THOMAS AMERAL, Petitioner, v. SUZAN HUBBARD, et al., Respondents

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

Date published: Sep 17, 2007

No. CIV S-07-0871 FCD DAD P (E.D. Cal. Sep. 17, 2007)

Opinion

No. CIV S-07-0871 FCD DAD P.

September 17, 2007

ORDER

DALE DROZD, Magistrate Judge

Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an amended petition for writ of habeas corpus pursuant to this court's August 13, 2007 order.

Since petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's habeas petition.

Accordingly, IT IS HEREBY ORDERED that:

1. Respondents are directed to file a response to petitioner's September 10, 2007 amended habeas petition within thirty 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;

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 respondents' reply, if any, shall be filed and served within fifteen days thereafter; and

4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's September 10, 2007 amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.