Hittson (DEATH PEN.) v. Upton

Filing 49

ORDER requiring answer. Pursuant to Rule 5 of the Rules Governing Section 2254 Cases, Respondent shall file an answer in writing to the allegations of Hittson's Amended Petition. This answer is to be filed with the Clerk of this Court within 30 days of the entry of this Order. Hittson may, pursuant to Rule 5(e), file a reply to the Respondent's answer within 15 days of the date shown on Respondent's answer. Ordered by Judge Marc Thomas Treadwell on 7/18/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRAVIS CLINTON HITTSON,

:
:
Petitioner
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vs.
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:
CARL HUMPHREY, Warden,
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Respondent
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:
________________________________:

CIVIL ACTION NO.: 5:01-CV-384 (MTT)

ORDER
In an Order dated June 30, 2011, the Court ordered Hittson to “amend his original
28 U.S.C. § 2254 petition to include the now-exhausted Brady claim or to notify the Court
why he cannot so amend.” (Doc. 42 ). In response to this Order, Hittson filed an
Amended Petition for Writ of Habeas Corpus by a Person in State Custody (hereinafter
“Amended Petition”). (Doc. 44).
IT IS HEREBY ORDERED that, pursuant to Rule 5 of the Rules Governing Section
2254 Cases in the United States District Courts (hereinafter ARule 5@), Respondent file an
answer in writing to the allegations of Hittson’s Amended Petition. This answer is to be
filed with the Clerk of this Court within thirty days of the entry of this Order.
The answer is to include all records that are required by Rule 5 that were not
previously included in the Respondent’s Notice of Filing, which was filed in this Court on
March 22, 2002. (Doc. 8). This various courts required by Rule 5 (d) that are related to
Hittson’s exhaustion of his claim brought pursuant to Brady v. Maryland, 373 U.S. 83
(1963).

Hittson may, pursuant to Rule 5(e), file a reply to the Respondent’s answer within
fifteen days of the date shown on Respondent’s answer.
SO ORDERED, this 18th day of July, 2011.

S/Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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