Gaines (ID 33515) v. Heimgartner et al
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 respondent's answer and r eturn to file a traverse thereto. Petitioner's motion 2 to proceed in forma pauperis is granted. Signed by U.S. Senior District Judge Sam A. Crow on 01/10/17. Mailed to pro se party Michael L. Gaines by regular mail; e-mailed to Kansas Attorney General. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MICHAEL L. GAINES,
CASE NO. 17-3001-SAC
WARDEN JAMES HEIMGARTNER,
ORDER TO SHOW CAUSE
This matter is a petition for habeas corpus filed pursuant to
28 U.S.C. § 2254.
Motion to proceed in forma pauperis
The court finds petitioner lacks the financial resources to pay
the costs of this action and grants the motion. See D.Kan.R.
9.1(g)(governing in forma pauperis applications in prisoner actions).
Petitioner’s previous application for habeas corpus, Case No.
15-3053, was dismissed without prejudice. In this action, he has
submitted the same pleading with some additions. It appears he has
now exhausted state court remedies. 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
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
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
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
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
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. 2) is granted.
IT IS SO ORDERED.
This 10th day of January, 2017, in Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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