Berry v. Jacquez

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 3/29/2010 DIRECTING respondent to file a response to the petition w/in 45 days; traverse due w/in 30 days of answer; the clerk to serve a copy of this order, a copy of the petition and the Order re Consent on the Attorney General. (cc: Michael Farrell)(Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. FRANCISCO JACQUEZ, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner's application. In accordance with the above, IT IS HEREBY ORDERED that: 1. Respondent is directed to file an answer within forty-five days from the date of this order. See Rule 4, Rules Governing Section 2254 Cases. Respondents shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application. Rule 5, Rules Governing Section 2254 Cases; ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DONALD JOSEPH BERRY, Petitioner, No. 2:10-cv-0305 JFM (HC) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. Petitioner's traverse, if any, is due on or before thirty days from the date respondent's answer is filed; 3. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus and an Order Re Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. DATED: March 29, 2010. kly014.berr0305.100fee 2

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