Sinclair v. Ferrell

Filing 14

Order, Respondent is to show cause by 2/12/2010 for his failure to file his amended answer as previously ordered, & Respondent is to file his amended answer & submit the trial record & any pertinent transcripts or documents at that time as set out. Signed by Magistrate Judge Sonja F. Bivins on 2/5/10. (copy mailed to Pet on 2/8/10) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION THOMAS SINCLAIR, : Petitioner, : vs. : WARDEN JERRY FERRELL, : Respondent. ORDER In an Order dated January 4, 2010 (Doc. 13), the Court determined that Respondent had not established that the habeas petition filed by Petitioner Thomas Sinclair was untimely filed and that Sinclair's petition was, indeed, timely. Accordingly, the Court directed Respondent to file, no later than January 25, 2010, an amended answer addressing the merits of Sinclair's claims. A CIVIL ACTION 07-00214-CG-B review of the docket reflects that as of today's date, Respondent has not filed his amended answer. Accordingly, Respondent is ORDERED to show cause, by February 12, 2010, for his failure to file his amended answer and to file his amended answer at that time. In conjunction with his amended answer, Respondent should submit, as previously ordered, the trial record and any pertinent transcripts or other documents as set forth in this Court's Order of April 25, 2007 (Doc. 3). DONE this 5th day of February, 2010. /S/ SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE

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