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Austin v. Covello

United States District Court, Eastern District of California
Jun 15, 2022
2:22-cv-1033-EFB P (E.D. Cal. Jun. 15, 2022)

Opinion

2:22-cv-1033-EFB P

06-15-2022

EXZAVER DENNIS AUSTIN, Petitioner, v. PATRICK COVELLO, Respondent.


ORDER

EDMUND F. BRENNAN, UNITED STATES MAGISTRATE JUDGE.

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the filing fee.

He has also requested leave to proceed in forma pauperis. ECF No. 2. Since petitioner was able to pay for the costs of suit, this request is denied without prejudice.

A judge “entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. It is not apparent from the face of the application that petitioner is not entitled to relief.

Accordingly, it is hereby ordered that:

1. Petitioner's motion for leave to proceed in forma pauperis (ECF No. 2) is denied without prejudice.

2. Respondent shall file and serve either an answer or a motion in response to petitioner's application within 60 days from the date of this order. See Rule 4, Rules Governing § 2254 Cases. Any response shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. See Rules 4, 5, Rules Governing § 2254 Cases.

3. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer.

4. If the response to petitioner's application is a motion, petitioner's opposition or statement of non-opposition shall be filed and served within 30 days of service of the motion, and respondent's reply, if any, shall be filed within 14 days thereafter.

5. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's petition for writ of habeas corpus (ECF No. 1) with any and all attachments on Tami Krenzin, Supervising Deputy Attorney General for the State of California. The Clerk of the Court also shall serve on the Senior Assistant Attorney General the consent form used in this court.


Summaries of

Austin v. Covello

United States District Court, Eastern District of California
Jun 15, 2022
2:22-cv-1033-EFB P (E.D. Cal. Jun. 15, 2022)
Case details for

Austin v. Covello

Case Details

Full title:EXZAVER DENNIS AUSTIN, Petitioner, v. PATRICK COVELLO, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 15, 2022

Citations

2:22-cv-1033-EFB P (E.D. Cal. Jun. 15, 2022)