Edmond (ID 42554) v. Cline

Filing 12

MEMORANDUM AND ORDER ENTERED: Respondent is required to show cause within thirty (30) days from the date of this order why the writ should not be granted. Petition is granted thirty (30) days after receipt by him of a copy of Respondent's answer and return to file a traverse thereto. Signed by U.S. Senior District Judge Sam A. Crow on 07/16/21. Mailed to pro se party Larry Edmond by regular mail; e-mailed to the Attorney General for the State of Kansas. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
LARRY EDMOND,
Petitioner,
v.

CASE NO. 20-3248-SAC

SAM CLINE,
Respondent.

MEMORANDUM AND ORDER

This matter is a petition for writ of habeas corpus filed under
28 U.S.C. § 2254. On July 12, 2021, Petitioner filed his second
amended petition for writ of habeas corpus and attachments. (Doc.
11.) The Court has examined the petition and finds that:
1. Petitioner is presently a prisoner in the custody of the
State of Kansas; and
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 courts of the State of Kansas.
IT IS THEREFORE ORDERED:
1. That Respondent is hereby required to show cause within
thirty (30) days from the date of this order why the writ
should not be granted.
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.
Respondent shall cause to be forwarded to this court for
examination and review the following:
The

records

and

transcripts,

if

available,

of

the

criminal proceedings complained of by Petitioner; if a direct
appeal of the judgment and sentence of the trial court was
taken by Petitioner, Respondent shall furnish the records, or
copies thereof, of the appeal proceedings.
3. Upon the termination of the proceedings herein, the clerk
of this Court will return to the clerk of the proper state
court all state court records and transcripts.
4. That Petitioner be 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 this Court then return this file to the
undersigned judge for such other and further proceedings as
may

be

appropriate;

and

that

the

clerk

of

this

Court

transmit copies of this order to Petitioner and to the
office of the Attorney General for the State of Kansas.
IT IS SO ORDERED.
DATED:

This 16th day of July, 2021, at Topeka, Kansas.

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