Williams v. Hill

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/11 ORDERING Petitioner's application to proceed in forma pauperis is granted; Respondents are directed to file a response to petitioners habeas petition within sixty days from the date of this order; The Clerk of the Court shall serve a copy of this order, the consent/reassignment form, and a copy of the petition for writ of habeas corpus on Michael Patrick Farrell, Senior Assistant Attorney General.(Becknal, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RALPH S. WILLIAMS, 11 Petitioner, 12 vs. 13 No. 2:11-cv-1503 LKK KJN P R. HILL, Warden, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a 17 writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in 18 forma pauperis. 19 Examination of the in forma pauperis application reveals that petitioner is unable 20 to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be 21 granted. See 28 U.S.C. § 1915(a). 22 Because petitioner may be entitled to relief if the claimed violation of 23 constitutional rights is proved, respondents will be directed to file a response to petitioner’s 24 habeas petition. 25 //// 26 //// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Petitioner’s application to proceed in forma pauperis is granted; 3 2. Respondents are directed to file a response to petitioner’s habeas petition 4 within sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An 5 answer shall be accompanied by all transcripts and other documents relevant to the issues 6 presented in the petition. See Rule 5, Fed. R. Governing § 2254 Cases; 7 8 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; 9 4. If the response to the habeas petition is a motion, petitioner’s opposition or 10 statement of non-opposition to the motion shall be filed and served within twenty-eight days after 11 service of the motion, and respondents’ reply, if any, shall be filed and served within fourteen 12 days thereafter; and 13 5. The Clerk of the Court shall serve a copy of this order, the consent/ 14 reassignment form contemplated by Appendix A(k) to the Local Rules of this court, and a copy 15 of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, 16 Senior Assistant Attorney General. 17 DATED: June 23, 2011 18 19 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 20 21 will1503.100 22 23 24 25 26 2

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