Free Terminate Motions - District Court of California - California

Case 4:07-cv-04713-CW

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Filed 02/07/2008

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 8 No. C 07-4713 CW PR 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner currently incarcerated at California Correctional Training Facility in Soledad, California, has filed an application to proceed in forma pauperis (IFP) and this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Good cause appearing, the Court hereby issues the v. BEN CURRY, Warden, et al., Respondents. / PEDRO FELICIANO, Petitioner, ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT AND ORDER TO SHOW CAUSE FOR THE NORTHERN DISTRICT OF CALIFORNIA

following orders: The application to proceed IFP is DENIED as moot because Petitioner paid the requisite filing fee. The Clerk of the Court

shall serve a copy of this Order and the petition and all attachments thereto upon Respondent and Respondent's attorney, the Attorney General of the State of California. Respondent shall file with this Court and serve upon Petitioner, within sixty (60) days of the issuance of this Order, an answer conforming in all respects to Rule 5 of the Rules

Case 4:07-cv-04713-CW

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Filed 02/07/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Governing Section 2254 Cases, 28 U.S.C. foll. § 2254, showing cause why a writ of habeas corpus should not be issued. Respondent shall

file with the answer a copy of all portions of the state record that have been previously transcribed and that are relevant to a determination of the issues presented by the petition. If Petitioner wishes to respond to the answer, he shall do so by filing a traverse with the Court and serving it upon Respondent within thirty (30) days of his receipt of the answer.

IT IS SO ORDERED.

Dated: 2/7/08 CLAUDIA WILKEN United States District Judge

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Case 4:07-cv-04713-CW

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Filed 02/07/2008

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1 2 3 PEDRO FELICIANO, 4 Plaintiff, 5 v. 6 BEN CURRY et al, 7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 7, 2008 Pedro Feliciano C-59854 P.O. Box 689, ZW-321L Soledad, CA 93960-0689

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-04713 CW CERTIFICATE OF SERVICE

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 7, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Attorney General State of California 455 Golden Gate Ave., #11000 San Francisco, CA 94102 Ben Curry, Warden Correction Training Facility, Soledad P.O. Box 686 Soledad, CA 93960-0686

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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