Opinion
No. CIV S-07-0088-LKK-CMK-P.
September 24, 2007
ORDER
Petitioner brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court previously found petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved and respondent was directed to file a response. However, this action was dismissed for petitioner's failure to keep the court apprised of his current address, and the respondent was relieved of his obligation to file a response. This case is now reopened pursuant to the court's order of September 17, 2007.
Accordingly, IT IS HEREBY ORDERED that:
1. Respondent is directed to file a response to petitioner's application within forty-five 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 respondent's reply, if any, shall be filed within fifteen days thereafter; and
4. The Clerk of the Court shall serve a copy of this order, together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General.