Miller v. Roden

Filing 3

Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. ORDER TO ANSWER.(Feeney, Eileen)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CALLUM A. MILLER,
Petitioner,

v.

CIVIL ACTION NO.
11-11570-RGS

GARY RODEN,
Superintendent,
Respondent.
ORDER TO ANSWER
September 30, 2011

BOWLER, U.S.M.J.
In accordance with the Rules Governing Section 2254 Cases in
the United States District Courts, respondent Gary Roden
(“respondent”) is hereby ORDERED to file an answer to the
petition in the above-styled action within 20 days after receipt
of this Order, exclusive of the day of receipt.
The answer must include a statement notifying this court of
the existence of any victim or victims as defined by 18 U.S.C. §
3771.

Pursuant to Rule 4, a copy of the petition and the civil

cover sheet shall be served on respondent and the Attorney
General for the Commonwealth of Massachusetts by certified mail.
The deadline for filing a dispositive motion or memorandum in
opposition to the petition is October 31, 2011.

In the event respondent wishes to raise an exhaustion
defense in any dispositive motion or memorandum in opposition to
the petition, respondent is also directed to brief the merits of
all the claims inasmuch as this court has the discretion under 28
U.S.C. § 2254(b)(2) to deny an application on the merits
notwithstanding a petitioner’s failure to exhaust available state
court remedies.
records.

Respondent should file all necessary state court

In the event respondent argues that one or more claims

fails on the merits under section 2254(d) or under a de novo
standard of review, see Fortini, III v. Murphy, 257 F.3d 39, 47
(1st Cir. 2001), respondent is instructed to file the state court
transcripts of the trial.

Respondent is also advised to file the

trial transcripts in the event respondent’s argument[s] implicate
or inevitably lead to a cause and prejudice or miscarriage of
justice analysis.

/s/ Marianne B. Bowler
MARIANNE B. BOWLER
United States Magistrate Judge

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