RICHARDSON v. FINN

Full title: MICHAEL RICHARDSON, Petitioner, v. CLAUD FINN, Respondent

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

Date published: Dec 21, 2007

No. CIV S-06-1731 ALA HC (E.D. Cal. Dec. 21, 2007)

Opinion

No. CIV S-06-1731 ALA HC.

December 21, 2007

ORDER

ARTHUR ALARCON, Circuit Judge

Petitioner Michael Richardson is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

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. Respondent is directed to file a response to Petitioner's habeas petition within thirty-five (35) 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;

2. If the response to the habeas petition is an answer, Petitioner's reply, if any, shall be filed and served within thirty-five (35) days after service of the answer;

3. 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-five (35) days after service of the motion, and Respondent's reply, if any, shall be filed and served within fourteen (14) days thereafter; and

4. The Clerk of the Court shall serve a copy of this order together with 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.