(HC) Houston v. Sisto Doc.

Case 2:06-cv-01980-FCD-DAD Document 3 Filed 09/12/2006 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 WILLIAM HOUSTON,

11 Petitioner, No. CIV S-06-1980 FCD DAD P

12 vs.

13 D.K. SISTO,

14 Respondent. ORDER

15 /

16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas

17 corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the required filing fee.

18 Petitioner is challenging a judgment of conviction entered in the Sacramento

19 County Superior Court on June 23, 2004. Petitioner is raising one issue presented to the state

20 courts on direct appeal. Since petitioner may be entitled to relief if the claimed violation of

21 constitutional rights is proved, respondent will be directed to file a response to the petition.

22 In accordance with the above, IT IS HEREBY ORDERED that:

23 1. Respondent is directed to file a response to petitioner’s habeas petition within

24 thirty days after this order is served. See Rule 4, Fed. R. Governing § 2254 Cases. An answer

25 shall be accompanied by all transcripts and other documents relevant to the issues presented in

26 the petition. See Rule 5, Fed. R. Governing § 2254 Cases;

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 Case 2:06-cv-01980-FCD-DAD Document 3 Filed 09/12/2006 Page 2 of 2

1 2. If the response to the habeas petition is an answer, petitioner’s reply, if any,

2 shall be filed and served within thirty days after the answer is served;

3 3. If the response to the habeas petition is a motion, petitioner’s opposition or

4 statement of non-opposition to the motion shall be filed and served within thirty days after the

5 motion is served, and respondent’s reply, if any, shall be filed and served within fifteen days

6 thereafter; and

7 4. The Clerk of the Court shall serve a copy of this order together with a copy of

8 petitioner’s September 5, 2006 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254

9 on Michael Patrick Farrell, Senior Assistant Attorney General.

10 DATED: September 11, 2006.

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