VAN ZANT v. FLORIDA PAROLE COMMISSION et al

Filing 151

ORDER re 129 Response to Habeas Petition, filed by FLORIDA PAROLE COMMISSION, 149 Reply to respondent's answer, filed by PHILLIP VAN ZANT - - Within thirty (30) days from docketing date of this order, Respondent shall file an amended answer addressing all eight of Petitioner's claims. ( Amended Answer due by 11/16/2009. )- - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 15, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION PHILLIP VAN ZANT, Petitioner, vs. FLORIDA PAROLE COMMISSION Respondent. ___________________________________/ ORDER This cause is before the court on Petitioner's reply (Doc. 149) to Respondent's answer (Doc. 129) to the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1). Upon review of the pleadings, the court notes that Respondent addressed only four of Petitioner's eight claims (see Doc. 129 at 8­23), despite the court's previous instruction to address all eight claims (see Doc. 116 at 1 n.1). Rule 5 of the Rules Governing Section 2254 Cases provides that the answer must address the allegations in the petition. See Rules Governing Section 2254 Cases in the United States District Courts 5(b). Furthermore, Respondent's addressing all of Petitioner's claims will aid the court in making a just disposition of this matter. See 28 U.S.C. § 2243 (court shall dispose of petition as law and justice requires). Therefore, Respondent will be required to file an amended answer. Accordingly, it is ORDERED: Within THIRTY (30) DAYS from the date of docketing of this order, Respondent shall file an amended answer addressing all eight of Petitioner's claims. DONE AND ORDERED this 15th day of October 2009. Case No.: 5:05cv208/RS/EMT

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE