Haro v. Swarthout
Filing
5
ORDER signed by Magistrate Judge Gregory G. Hollows on 3/5/2010 ORDERING that petitioner's 3 application to proceed IFP is GRANTED; respondent to file a response to the petition w/in 60 days; reply due w/in 28 days of answer; if response is a motion, opposition or statement of non-opposition due w/in 28 days of motion, reply due w/in 14 days thereafter; 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. GARY SWARTHOUT, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, and 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, respondents will be directed to file a response to petitioner's habeas petition. ///// ///// ///// ///// 1 ORDER RANDOLPH HARO, Petitioner, No. CIV S-10-0410 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's February 25, 2010 application to proceed in forma pauperis (Docket No. 3) 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 twenty-eight 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 twenty-eight days after service of the motion, and respondents' reply, if any, shall be filed and served within fourteen 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 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. DATED: March 5, 2010 /s/ Gregory G. Hollows
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GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE
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