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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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9 TODD ANTHONY ANDRADE, CV F 07-00784 OWW DLB HC
10 Petitioner, ORDER REQUIRING RESPONDENT TO FILE
RESPONSE
11 v.
ORDER SETTING BRIEFING SCHEDULE:
12 ANSWER DUE WITHIN 90 DAYS,
JAMES YATES, WARDEN, TRAVERSE DUE 30 DAYS THEREAFTER;
13 MOTION TO DISMISS, IF ANY, DUE
Respondent. WITHIN 60 DAYS, OPPOSITION DUE 18
14 DAYS THEREAFTER
15 ORDER DIRECTING CLERK OF COURT TO
SERVE DOCUMENTS ON ATTORNEY
16 / GENERAL
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18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
19 pursuant to 28 U.S.C. § 2254.
20 The Court has conducted a preliminary review of the Petition. Accordingly, pursuant to
21 Rule 4 of the Rules Governing Section 2254 Cases and Rule 16 of the Federal Rules of Civil
22 Procedure,1 the Court HEREBY ORDERS:
23 1. Respondent SHALL SUBMIT a RESPONSIVE pleading by filing one of the
24 following:
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The Federal Rules of Civil Procedure are “applicable to habeas corpus proceedings to the extent that the
practice in such proceedings are not set forth in the statutes of the United States and has heretofore conformed to the
27 practice of civil actions.” Fed.R.Civ.P. 81(a)(2). Rule 11 also provides “the Federal Rules of Civil Procedure, to the
extent that they are not inconsistent with these rules, may be applied, when appropriate, to the petitions filed under
28 these rules.” Rule 11, Rules Governing Section 2254 Cases.
Dockets.Justia.com
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