Opinion
No. 2:10-cv-1592 JFM (HC).
July 20, 2010
ORDER
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
Petitioner also filed a motion to proceed in forma pauperis. In view of petitioner's payment of the $5.00 filing fee for this action, the motion to proceed in forma pauperis will be denied without prejudice.
Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file a response to petitioner's application.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner's July 1, 2010 motion to proceed in forma pauperis is denied without prejudice;
2. Respondent is directed to file an answer within forty-five days from the date of this order. See Rule 4, Rules Governing Section 2254 Cases. Respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Rule 5, Rules Governing Section 2254 Cases;
3. Petitioner's traverse, if any, is due on or before thirty days from the date respondent's answer is filed;
4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus and an Order Re Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General.