Opinion
No. CIV S-07-0909 WBS EFB P.
August 27, 2007
ORDER
Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. See 28 U.S.C. § 2254. Petitioner has paid the filing fee.
By order filed June 29, 2007, the court dismissed the petition with leave to amend for petitioner's failure to name the proper respondent in the action. Petitioner has filed an amended petition.
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 the petitioner is not entitled to relief.
Accordingly, it is hereby ordered that:
1. 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, Fed.R. 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, Fed.R. Governing § 2254 Cases.
2. Petitioner's reply, if any, shall be filed and served within 30 days of service of an answer.
3. 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 respondents' reply, if any, shall be filed within 15 days thereafter.
4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's July 23, 2007, amended petition for a writ of habeas corpus with any and all attachments on Michael Patrick Farrell, Senior Assistant Attorney General for the State of California.