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Jones v. Martel

United States District Court, E.D. California
Feb 8, 2010
No. CIV S-09-2360 KJM P (E.D. Cal. Feb. 8, 2010)

Opinion

No. CIV S-09-2360 KJM P.

February 8, 2010


ORDER


Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.

Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a).

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

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner's application to proceed in forma pauperis is granted;

2. Respondent is directed to file a response to petitioner's habeas petition within sixty 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;

3. 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;

4. 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 respondent's reply, if any, shall be filed and served within fifteen days thereafter; and

5. The Clerk of the Court shall serve a copy of this order, the consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court, and a copy of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.


Summaries of

Jones v. Martel

United States District Court, E.D. California
Feb 8, 2010
No. CIV S-09-2360 KJM P (E.D. Cal. Feb. 8, 2010)
Case details for

Jones v. Martel

Case Details

Full title:AARON JONES, Petitioner, v. M. MARTEL, Respondents

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

Date published: Feb 8, 2010

Citations

No. CIV S-09-2360 KJM P (E.D. Cal. Feb. 8, 2010)