Opinion
No. CIV S-06-2646 LKK KJM P.
May 18, 2007
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.
On April 25, 2007, the court issued findings and recommendations, recommending that the action be dismissed because petitioner had neither paid the filing fee nor submitted an application to proceed in forma pauperis. On May 11, 2007, the clerk's office notified the court that petitioner had paid the fee in February, but the receipt docketed only in May.
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. Respondents are directed to file a response to petitioner's amended application within sixty days from the date of this order. See Rule 4, Fed.R. Governing § 2254 Cases. An answer shall be accompanied by any and all transcripts or other documents relevant to the determination of the issues presented in the application. See Rule 5, Fed.R. Governing § 2254 Cases;
2. Petitioner's reply, if any, shall be filed and served within thirty 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 thirty days of service of the motion, and respondents' reply, if any, shall be filed within fifteen days thereafter;
4. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's amended application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General; and
5. The findings and recommendations filed April 25, 2007, are hereby vacated.