Smith v. Yates

Full title: MICHAEL LENIOR SMITH, Petitioner, v. JAMES YATES, Warden, Respondent

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

Date published: Feb 28, 2007

No. CIV S-06-2072 DFL KJM P (E.D. Cal. Feb. 28, 2007)

Opinion

No. CIV S-06-2072 DFL KJM P.

February 28, 2007

ORDER

KIMBERLY MUELLER, Magistrate Judge

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.¹

1 Petitioner has filed an application and affidavit, without a trust account statement from the institution. He has also filed a letter, explaining that he made a request for a trust account statement in September, but has no control over when the institution will send it. The court will proceed with the documents petitioner has provided; should the trust account reveal additional information, the court may revisit petitioner's 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, respondents 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. Respondents are 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 respondents' 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 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.