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K:\COMMON\Adler\HABEAS\OPEN\sandoval\06cv2814ord2rsp.wpd, 187
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JOSE RAMON SANDOVAL,
Civil No.
06-2814 LAB (JMA)
Petitioner,
ORDER REQUIRING RESPONSE TO
PETITION (28 U.S.C. § 2254)
v.
THE SECRETARY OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION, Warden,
Respondent.
Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254. In accordance with Rule 4 of the rules governing petitions
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, and upon a preliminary review of the
Petition, IT IS ORDERED that:
1. The Clerk of this Court shall promptly (a) serve a copy of the Petition and a copy of
this Order on the Attorney General for the State of California, or his authorized agent; and
(b) serve a copy of this Order on Petitioner.
2. If Respondent contends the Petition can be decided without the Court’s reaching the
merits of Petitioner’s claims (e.g., because Respondent contends Petitioner has failed to exhaust
any state remedies as to any ground for relief alleged in the Petition, or that the Petition is barred
by the statute of limitations, or that the Petition is subject to dismissal under Rule 9 of the Rules
Case 3:06-cv-02814-LAB-JMA Document 3 Filed 01/08/2007 Page 1 of 3
Sandoval v. Secretary of the California Department of Corrections and Rehabilitation
Doc. 3
Dockets.Justia.com
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1 If Respondent contends Petitioner has failed to exhaust any state remedies as to any ground for relief alleged in
the Petition, the motion to dismiss shall also specify the state remedies still available to Petitioner.
K:\COMMON\Adler\HABEAS\OPEN\sandoval\06cv2814ord2rsp.wpd, 187
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Governing § 2254 Cases, or that all of the claims are procedurally defaulted, or that Petitioner
is not in custody), Respondent shall file a mot