(HC)Kongkham v. Yates Doc.

17

Case 2:07-cv-00088-LKK-CMK Document 17 Filed 09/24/2007 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 AMPHONE KONGKHAM, No. CIV S-07-0088-LKK-CMK-P

12 Petitioner,

13 vs. ORDER

14 JAMES A. YATES,

15 Respondent.

16 /

17 Petitioner brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. §

18 2254. The court previously found petitioner may be entitled to the requested relief if the

19 claimed violation of constitutional rights is proved and respondent was directed to file a

20 response. However, this action was dismissed for petitioner’s failure to keep the court apprised

21 of his current address, and the respondent was relieved of his obligation to file a response. This

22 case is now reopened pursuant to the court’s order of September 17, 2007.

23 Accordingly, IT IS HEREBY ORDERED that:

24 1. Respondent is directed to file a response to petitioner’s application within

25 forty-five days from the date of this order. See Rule 4, Fed. R. Governing § 2254 Cases. An

26 answer shall be accompanied by any and all transcripts or other documents relevant to the

Dockets.Justia.com
 Case 2:07-cv-00088-LKK-CMK Document 17 Filed 09/24/2007 Page 2 of 2

1 determination of the issues presented in the application. See Rule 5, Fed. R. Governing §2254

2 Cases;

3 2. Petitioner’s reply, if any, shall be filed and served within thirty days of

4 service of an answer;

5 3. If the response to petitioner’s application is a motion, petitioner’s

6 opposition or statement of non-opposition shall be filed and served within thirty days of service

7 of the motion, and respondent’s reply, if any, shall be filed within fifteen days thereafter; and

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

9 copy of petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on

10 Michael Patrick Farrell, Senior Assistant Attorney General.

11

12 DATED: September 24, 2007.

13
______________________________________
14 CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
15

16

17

18

19

20

21

22

23

24

25

26