Joeckel (ID 70324) v. Cline

Filing 6

ORDER TO SHOW CAUSE ENTERED: Respondent shall show cause within thirty (30) days from the date of this order why the writ should not be granted. Petitioner is granted thirty (30) days after receipt by him of a copy of the respondent's answer a nd return to file a traverse thereto. Petitioner's motion to proceed in forma pauperis 4 is granted. Signed by U.S. Senior District Judge Sam A. Crow on 01/06/17. Mailed to pro se party Eric P. Joeckel by regular mail; e-mailed to Kansas Attorney General. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ERIC P. JOECKEL,
Petitioner,
v.

CASE NO. 16-3209-SAC

WARDEN SAM CLINE1,
Respondent.

ORDER TO SHOW CAUSE
This matter is a petition for habeas corpus filed pursuant to
28 U.S.C. § 2254. Petitioner proceeds pro se, and the Court grants
leave to proceed in forma pauperis.
The court concludes a response is required and enters the
following findings and order:
1. Petitioner is presently in the custody of the State of
Kansas;
2. Petitioner demands his release from such custody, and as
grounds therefore alleges that he is being deprived of
his liberty in violation of his rights under the
Constitution of the United States, and he claims that he
has exhausted all remedies afforded by the State of
Kansas.
IT IS, THEREFORE, BY THE COURT ORDERED:
1. That respondent shall show cause within thirty (30) days
from the date of this order why the writ should not be
granted.
1

The court substitutes Warden Sam Cline for the State of
as the respondent to this action. See Rules Governing Habeas
Cases Under Section 2254, Rule 2(a)(where applicant for
challenges present custody, “the state officer having custody
applicant shall be named as respondent”).

Kansas
Corpus
relief
of the

2. That the response should present:
(a) The necessity for an evidentiary hearing on each of
the grounds alleged in petitioner’s pleading; and
(b) An analysis of each of said grounds and any cases and
supporting documents relied upon by respondent in
opposition to the same.
3. Respondent shall cause to be forwarded to this court for
examination and review the following:
the records and transcripts, if available, of the
state proceedings complained of by petitioner;
if a direct appeal of the judgment of the trial
court was taken by petitioner, respondent shall
furnish the records, or copies thereof, of the
appeal proceedings.
Upon the termination of the proceedings herein, the clerk of this
court will return to the clerk of the proper state court all such state
court records and transcripts.
4. That petitioner is granted thirty (30) days after receipt by him
of a copy of respondent’s answer and return to file a traverse
thereto, admitting or denying, under oath, all factual allegations
therein contained.
5. That the clerk of the court shall then return this file to the
assigned judge for such other and further proceedings as may be
appropriate; and that the clerk of the court shall transmit copies
of this order to petitioner and to the office of the Attorney General
for the State of Kansas.
IT IS FURTHER ORDERED petitioner’s motion to proceed in forma
pauperis (Doc. 4) is granted.

IT IS SO ORDERED.
DATED:

This 6th day of January, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge