Deshon v. Cate
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/2011 ORDERING Respondents to file a repsonse to petitioner's application w/i 60 days from the date of this order; Petitioner's reply, if any, shall be filed and served w/i 28 days of service of an answer; Clerk 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. (Waggoner, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICK DAVE DESHON,
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Petitioner,
vs.
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MATTHEW CATE,
Respondent.
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ORDER
/
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Petitioner, a state parolee proceeding with counsel, has filed an application for a
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No. 2:11-cv-1677 KJN P
writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
Because petitioner may be entitled to the requested relief if the claimed violation
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of constitutional rights is proved, respondents will be directed to file a response to petitioner’s
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application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Respondents are directed to file a response to petitioner’s application within
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sixty days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An answer
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shall be accompanied by any and all transcripts or other documents relevant to the determination
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of the issues presented in the application. See Rule 5, Fed. R. Governing § 2254 Cases;
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2. Petitioner’s reply, if any, shall be filed and served within twenty-eight days of
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service of an answer;
3. If the response to petitioner’s application is a motion, petitioner’s opposition or
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statement of non-opposition shall be filed and served within twenty-eight days of service of the
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motion, and respondents’ reply, if any, shall be filed within fourteen days thereafter; and
4. The Clerk of the Court shall serve a copy of this order, the consent/
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reassignment form contemplated by Appendix A(k) to the Local Rules of this court, and a copy
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of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell,
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Senior Assistant Attorney General.
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DATED: June 23, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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desh1677.100.fee
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