(HC) Knanishu v. Spearman, No. 2:2014cv00579 - Document 19 (E.D. Cal. 2014)
Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 12/3/2014 VACATING the 8/15/14 findings and recommendations 17 ; respondent shall file a response to the amended petition within 60 days; and the Clerk shall serve a copy of this order, a copy of the amended petition and the Order re Consent on the Attorney General. (cc: Michael Farrell) (Yin, K)
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(HC) Knanishu v. Spearman Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH KNANISHU, 12 Petitioner, 13 14 No. 2:14-CV-0579-TLN-CMK-P vs. ORDER SPEARMAN, 15 Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. On June 17, 2014, the court directed petitioner to 19 submit either a completed application for leave to proceed in forma pauperis or the full filing fee 20 for this action within 30 days. As of August 15, 2014, petitioner had not complied and the court 21 issued findings and recommendations that this action be dismissed for lack of prosecution and 22 failure to comply with court rules and orders. Petitioner has now paid the filing fee. The August 23 15, 2014, findings and recommendations will, therefore, be vacated. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 The court has examined petitioner’s amended petition as required by Rule 4 of the 2 Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and 3 any attached exhibits that petitioner is not entitled to relief. See id. Respondent(s), therefore, 4 will be directed to file a response to petitioner’s petition. See id. If an answer to the petition is 5 filed, such answer must comply with Rule 5 of the Federal Rules Governing Section 2254 Cases. 6 Specifically, an answer shall be accompanied by any and all transcripts or other documents 7 relevant to the determination of the issue(s) presented in the petition. See id. Failure to file a 8 response within the time permitted by this order may result in the imposition of appropriate 9 sanctions. See Local Rule 110. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The findings and recommendations issued on August 15, 2014, are 2. Respondent(s) shall file a response to petitioner’s amended petition within 12 13 14 15 vacated; 60 days from the date of service of this order; 3. Petitioner’s traverse or reply (if an answer to the petition is filed), if any, 16 or opposition or statement of non-opposition (if a motion in response to the petition is filed) shall 17 be filed and served within 30 days of service of respondent’s response; and 18 4. The Clerk of the Court shall serve a copy of this order, together with a 19 copy of petitioner’s petition for a writ of habeas corpus and the court’s Order re: Consent or 20 Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. 21 22 23 24 DATED: December 3, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 25 26 2
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