TAYLOR v. PHILBIN
ORDER for Respondent to File Responsive Pleading as to 1 Petition for Writ of Habeas Corpus filed by ZACHARY BOUVIER TAYLOR and for petitioner to amend his petition within 30 days. Ordered by US MAGISTRATE JUDGE CHARLES H. WEIGLE on 1/11/2022 (tlf).
Case 4:21-cv-00214-CDL-CHW Document 4 Filed 01/11/22 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ZACHARY BOUVIER TAYLOR,
WARDEN EDWARD PHILBIN,
Petitioner Zachary Bouvier Taylor has filed a pro se petition for a writ of habeas
corpus challenging his conviction in the Superior Court of Harris County, Georgia. Pet.
for Writ of Habeas Corpus, ECF No. 1. He has also paid the $5.00 filing fee for this action.
Petitioner previously filed a habeas corpus action in this Court challenging the same
Taylor v. Philbin, Case No. 4:18-cv-00257-CDL-CHW.
That case was
dismissed without prejudice based on Petitioner’s failure to exhaust his state court
remedies. At this stage, it is not clear from the new petition whether Petitioner has
properly exhausted his claims or whether there are any other bars to the petition.
Nevertheless, it cannot be said that it is clear from the face of the petition that Petitioner is
not entitled to relief. Therefore, this petition will now proceed.
It is now ORDERED that, within thirty (30) days of the date of this order, Petitioner
amend his petition to include every unalleged possible constitutional error or deprivation
entitling him to federal habeas corpus relief, failing which Petitioner will be presumed to
have deliberately waived his right to complain of any constitutional errors or deprivations
Case 4:21-cv-00214-CDL-CHW Document 4 Filed 01/11/22 Page 2 of 3
other than those set forth in his initial habeas petition. If amended, Petitioner will be
presumed to have deliberately waived his right to complain of any constitutional errors or
deprivations other than those set forth in his initial and amended habeas petitions.
It is further ORDERED that Respondent file an answer to the allegations of the
petition and any amendments within sixty (60) days after service of this Order and in
compliance with Rule 5 of the Rules Governing Section 2254 Cases. Either with the filing
of the answer or within fifteen (15) days after the answer is filed, Respondent shall move
for the petition to be dismissed or shall explain in writing why the petition cannot be
adjudicated by a motion to dismiss. Any and all exhibits and portions of the record that
Respondent relies upon must be filed contemporaneously with Respondent’s answer or
No discovery shall be commenced by either party without the express permission of
the Court. Unless and until Petitioner demonstrates to this Court that the state habeas
Court’s fact-finding procedure was not adequate to afford a full and fair evidentiary hearing
or that the state habeas court did not afford the opportunity for a full, fair, and adequate
hearing, this Court’s consideration of this habeas petition will be limited to an examination
of the evidence and other matters presented to the state trial, habeas, and appellate courts.
Pursuant to the memorandum of understanding with the Attorney General of the
State of Georgia, a copy of the petition and a copy of this Order shall be automatically
served on the Attorney General and Respondent electronically through CM/ECF. A copy
of this Order shall also be served electronically through CM/ECF on Petitioner’s counsel.
Case 4:21-cv-00214-CDL-CHW Document 4 Filed 01/11/22 Page 3 of 3
Petitioner is advised that his failure to keep the Clerk of the Court informed as to any
change of address may result in the dismissal of this action.
SO ORDERED and DIRECTED, this 11th day of January, 2022.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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