West v Hibpshman

Filing 7

JDR ORDER SETTING HEARING re: Petition for Writ of Habeas Corpus. Hearing set for 8/15/2012 at 1:30 PM in Anchorage Courtroom 6 before Scott A. Oravec. Petitioner to participate telephonically. cc: USM. (JAM, Chambers Staff)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

3:12-cv-161-RRB-JDR

IAN H. WEST,
Petitioner,
vs.
ROBERT HIBPSHMAN,
SUPERINTENDENT, WILDWOOD
CORRECTIONAL COMPLEX.

ORDER
SETTING HEARING
(Docket No. 1, 4)

Respondent.

An Amended Petition seeking a writ of habeas corpus pursuant to 28
U.S.C. § 2241/2254(b) has been filed by the above-named petitioner alleging that
he is unlawfully incarcerated pursuant to an arrest on a military warrant on
August 1, 2012 by the Kenai Police Department. A (Marine Corp) “desertion”

detainer was issued July 3, 2012. The petitioner alleges that he is being held
unlawfully at the Wildwood Correctional complex, Kenai, Alaska. The petitioner
contends that he has exhausted his available State court remedies and satisfied the
exhaustion requirement in 28 U.S.C. Section 2254(b). Wherefore pursuant to Rules
4, 5 and 8(b) of the Rules Governing Section 2254 Proceedings in the United States
District Court it is hereby ORDERED:
1.

The U.S. Marshal in requested to serve a copy of this Order on

the Attorney General for the State of Alaska forthwith.
2.

Pursuant to Rule 4 of the rules governing Section 2254

proceedings, the clerk of court is requested to serve a copy of the petition and this
order by certified mail on the Attorney General for the State of Alaska, or his
designee. See 28 U.S.C. Section 2252.
3.

Respondent shall appear before this court on Wednesday,

August 15, 2012 at 1:30 P.M. in Courtroom 6, located in the U.S. Courthouse,
Anchorage, Alaska, before Judge Scott Oravec, to answer whether the
respondent has formally advised the military authorities that the petitioner has been
released from State custody so that the military detainer can be activated or
otherwise show cause why petitioner should not be released from custody.
4.

Petitioner shall participate telephonically by calling five (5)

minutes before the scheduled hearing [phone].

12-cv-161-RRB-JDR WEST 2254 Order to Show Cause & Setting Hearing_mtd.wpd

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It is further ORDERED that a copy of all subsequent pleadings or
documents submitted by the petitioner to this court for consideration of this cause
be served upon the respondent, or if an appearance has been entered by counsel
for respondent, upon respondent's attorneys. Petitioner shall include with any
original paper(s) to be filed with the clerk of court a certificate stating that a true and
correct copy of such document(s) was mailed to respondent or counsel. Any papers
received by a U.S. District Judge or U.S. Magistrate Judge which have not been filed
with the clerk of court or which fail to indicate a certificate of service shall be
disregarded by the court. All parties shall refrain from communicating ex parte with
a judge of this court concerning the merits of this action.

DATED this 10th day of August, 2012, at Anchorage, Alaska.

/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

12-cv-161-RRB-JDR WEST 2254 Order to Show Cause & Setting Hearing_mtd.wpd

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