Corrion v Lafler

Filing 14

ORDER re 10 Dismissing Order to Show Cause, 12 Granting Request filed by John Corrion. Signed by District Judge David M. Lawson. (GWil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN CORRION, Petitioner, v. BRIAN LAFLER, Warden, Respondent. ___________________________________/ ORDER DISMISSING ORDER TO SHOW CAUSE AND GRANTING PETITIONER'S REQUEST FOR AN ORDER DIRECTING FILING OF RESPONSIVE PLEADING On May 19, 2010, the Court issued an order directing the petitioner to show cause why his petition should not be dismissed for failure to comply with the Court's March 19, 2010 order requiring him to submit additional copies of his petition as required by Rule 3(a) of Rules Governing Habeas Cases Section 2254. On May 27, 2010, the petitioner responded stating that he did mail the original plus two copies of his petition to the Court on March 30, 2010 and enclosing legal photocopy disbursement authorization tending to confirm making copies of the petition. The Court will give the petitioner the benefit of doubt and dismiss its order to show cause. The second matter on which this case is before the Court is the petitioner's request for an order directing filing of a responsive pleading. On March 19, 2010, Magistrate Judge R. Steven Whalen granted the petitioner's application to proceed in forma pauperis. Therefore, the Court will authorize Magistrate Judge Whalen to direct service of the petition on the respondent and to enter an order directing the respondent to file a responsive pleading in the usual fashion. Accordingly, it is ORDERED that the Court's order to show cause [dkt. # 10] is DISMISSED. It is further ORDERED that the petitioner's request for an order directing filing of Case No. 10-10593 Honorable David M. Lawson

responsive pleading [dkt. # 12] is GRANTED. Magistrate Judge R. Steven Whalen is authorized to direct service of the petition on the respondent and to order filing of a responsive pleading in the usual fashion. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: June 17, 2010

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 17, 2010. s/Teresa Scott-Feijoo TERESA SCOTT-FEIJOO

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