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Villasenor v. Martell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 20, 2010

ANTONIO V. VILLASENOR, PETITIONER,
v.
MICHAEL MARTELL, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. See 28 U.S.C. § 2254. Petitioner seeks leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a).

Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit.

A judge "entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. § 2243. It is not apparent from the face of the application that the petitioner is not entitled to relief.

Petitioner has also requested a stay while he exhausts his claims in state court. Thus, before respondent is directed to respond to the petition, respondent may submit briefing regarding whether a stay should issue.

Accordingly, it is hereby ordered that:

1. Petitioner's motion to proceed in forma pauperis is granted;

2. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's August 21, 2009 petition for a writ of habeas corpus with any and all attachments on Michael Patrick Farrell, Senior Assistant Attorney General for the State of California;

3. Respondent shall file an opposition or a statement of non-opposition to petitioner's motion for a stay within 30 days of the date of this order; and

4. Petitioner's reply, if any, shall be filed and served within 14 days thereafter.

20100520

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