(HC) Jones v. Kern Valley State Prison, No. 2:2014cv00486 - Document 17 (E.D. Cal. 2015)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/15/15 ordering respondent is directed to file a response to the amended habeas petition within 60 days from the date of this order. The Clerk of the Court shall serve a copy of this order, a copy of the Consent to proceed before Magistrate Judge Form and a copy of the petition for writ of habeas corpus on Michael Farrell, Attorney General. Also, RECOMMENDING that claim 4 of the amended petition be dismissed with prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (cc: Michael Farrell, Attorney General) (Plummer, M)

Download PDF
(HC) Jones v. Kern Valley State Prison Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY JONES, 12 13 14 15 16 17 18 19 No. 2:14-cv-0486 JAM GGH P Petitioner, v. ORDER AND FINDINGS AND RECOMMENDATIONS WARDEN, KERN VALLEY STATE PRISON, Respondent. Petitioner, a state prisoner proceeding pro se with an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order of November 3, 3012, petitioner was directed to file the pages missing from his 20 amended petition (ECF No. 15) within twenty-one days. Petitioner has not responded to that 21 order. Since the missing pages pertain to Ground Four of the amended petition, that claim will be 22 dismissed on findings and recommendations and the amended petition will proceed with Claims 23 One through Three only. 24 Since petitioner may be entitled to relief if the claimed violation of constitutional rights is 25 proved, respondent will be directed to file a response to Claims One through Three only of 26 petitioner’s amended petition. 27 28 Accordingly, IT IS HEREBY RECOMMENDED that: Claim Four of the amended petition be dismissed with prejudice. 1 Dockets.Justia.com 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Findings and Recommendations.” Any response to the objections shall be filed 6 and served within fourteen days after service of the objections. The parties are advised that 7 failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 IT IS ORDERED that: 10 1. Respondent is directed to file a response to petitioner’s amended habeas petition within 11 sixty days from the date of this order. See Rule 4, 28 U.S.C. foll. § 2254. An answer shall be 12 accompanied by all transcripts and other documents relevant to the issues presented in the 13 petition. See Rule 5, 28 U.S.C. foll. § 2254; 14 15 2. If the response to the amended habeas petition is an answer, petitioner’s reply, if any, shall be filed and served within thirty days after service of the answer; 16 3. If the response to the amended habeas petition is a motion, petitioner’s opposition or 17 statement of non-opposition to the motion shall be filed and served within thirty days after service 18 of the motion, and respondent’s reply, if any, shall be filed and served within fourteen days 19 thereafter; and 20 4. The Clerk of the Court shall serve a copy of this order, the form Consent to Proceed 21 Before a United States Magistrate Judge, and a copy of the petition for writ of habeas corpus 22 pursuant to 28 U.S.C. § 2254 on Michael Patrick Farrell, Senior Assistant Attorney General. 23 Dated: January 15, 2015 24 /s/ Gregory G. Hollows 25 UNITED STATES MAGISTRATE JUDGE 26 27 GGH:076 jone0486.100 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.